David Law
by David Law
Question: We have an employee in Colorado who is pregnant and was recently approved for 12 weeks of FMLA leave. Her expected due date is August 15, 2023, and we expect her to take the full 12 weeks starting on that date. Will this employee also be eligible to take 12 weeks of FAMLI leave under Colorado’s new FAMLI Act?
Answer: Yes. Employees can use their full entitlement of (unpaid) FMLA leave in 2023 and still be eligible for 12 weeks of (paid) FAMLI leave in 2024. This particular employee can take her full 12 weeks of FMLA leave this fall, and then another 12 weeks of FAMLI leave between January 1, 2024 and August 15, 2024 (assuming she gives birth on August 15, 2023). The FAMLI Act covers up to 12 weeks of parental bonding in the first year after a child’s birth or adoption. Thus, this employee could end up taking 24 weeks of family leave in less than one rolling calendar year. Keep in mind that this is a one-off situation for 2024 only; employees will not always be able to stack FAMLI and FMLA like this. According to the FAMLI Division’s rules, FAMLI and FMLA are designed to run concurrently and are not designed to be stacked. The anti-stacking rules, however, only apply to leave taken after January 1, 2024—i.e., the first date FAMLI leave is available. So any FMLA leave (or family or parental leave, if available under a separate employer policy) taken between now and the end of the year won’t count towards next year’s FAMLI entitlement.
