Canada (EN)
Colorado has revised its Family and Medical Leave Insurance (FAMLI) regulations to clarify when an absence qualifies for FAMLI benefits and how certain appeals are evaluated. The updates are intended to provide greater consistency in eligibility determinations and appeals outcomes. These amendments take effect July 1, 2026.
Summary of key updates
- Clarified standard for qualifying absences
FAMLI benefits may only be used for absences caused by a qualifying condition. An absence is considered qualifying if it would not have occurred but for the qualifying condition. Absences that fall on holidays during an otherwise qualifying leave period are excluded from the standard causation analysis. - Appeals rules clarified
A FAMLI rule is not considered ambiguous unless it is reasonably susceptible to more than one interpretation. - Limited reconsideration window amended
Hearing officers may reconsider a decision within five business days of issuance under specified circumstances, where previously it was 14 days.
Employer action steps
- Review FAMLI leave practices to ensure eligibility determinations align with the clarified “but for” causation standard.
- Confirm HR and manager guidance reflect the limits on when FAMLI benefits may be used.
- Monitor appeals timelines and communications in light of the new reconsideration provisions.
How Alight supports employers
Alight Leave Solutions will incorporate applicable regulatory changes where they affect the administration of Colorado FAMLI leaves and will continue to monitor guidance from the Colorado Department of Labor and Employment.
Alight Leave Solutions
Make leave of absence work for everyone. Get the support you need to manage simple or complex employee absences with respect, care and compassion.
Disclaimer
This material is provided for general information purposes only and does not constitute legal advice. The information contained in this article reflects the legislative, statutory and/or regulatory landscape as of the date of publication. Given the evolving nature of laws, regulations and interpretive and official guidance, portions of this content may no longer be current. Readers should not rely on this content as a substitute for current compliance guidance and should consult the most up-to-date statutes, regulations and guidance and/or seek legal advice before acting on any information referenced herein.
