Colorado maternity leave and paid family leave
How paid leave works in Colorado when you have a baby: weeks for pregnancy and bonding, how much it pays in 2026, whether your job is protected, and how to apply.
Checked October 2026 · 14 sources
Short answer
12 wk
of paid leave to bond with your baby
Colorado Department of Labor and Employment, FAMLI Division
$1,448
the most it pays per week in 2026, a ceiling, not a typical benefit
Colorado Department of Labor and Employment, FAMLI Division
Apply for paid leave
Claims go to Colorado Department of Labor and Employment, FAMLI Division. Tell your employer early.
The rules in Colorado
YesColorado Paid Family and Medical Leave Insurance (FAMLI)
| Pregnancy and recovery, typical | FAMLI says most birthing parents file a Pregnancy Leave claim first (once a health care provider certifies the need), then a separate Bonding Leave claim after the birth. Both come out of the same 12-week balance, unless your provider certifies a pregnancy or childbirth complication, which uses a separate 4-week balance (up to 16 weeks) and can continue after the baby is born. |
|---|---|
| Legal maximum, your own health | 16 weeks |
| Bonding with your baby | Up to 12 weeks |
| Medical and family leave combined | Up to 16 weeks a year |
| Pay | 90% of your average weekly wage up to half the state average weekly wage, plus 50% of wages above that. Max $1,448.02/week from July 1, 2026 ($1,381.45 earlier in 2026). |
| 2026 weekly maximum | $1,448 (a ceiling, not a typical benefit) |
| Waiting period | None |
| Job protection | Yes, in the FAMLI Act itself: if you have worked for your employer at least 180 days before leave, you have the right to return to your job or an equivalent one with equivalent pay and benefits. Health insurance continues during leave, and retaliation is banned for everyone. If your local government employer opted out of FAMLI and you opted in yourself, your job is not protected by FAMLI, though federal FMLA may apply. |
| Who qualifies | Most Colorado employees qualify after earning $2,500 in Colorado wages subject to FAMLI premiums in the last 5 completed calendar quarters; there is no minimum time with your current employer. Private employers and state government are covered; local governments can opt out. Self-employed and gig workers (and employees of opted-out local governments) can opt in for at least 3 years. |
| Paying since | January 1, 2024 |
Checked October 2026. Benefit amounts usually change January 1 and July 1, so confirm with Colorado Department of Labor and Employment, FAMLI Division before you plan. Job protection often comes from a different law than the pay; the job protection row says which.
Weekly max changed mid-2026: $1,381.45 through June 30, 2026 and $1,448.02 from July 1, 2026 (based on the 2026-2027 Colorado average weekly wage of $1,608.91). FAMLI does not say whether claims that began before July 1 move to the new cap. A birthing parent with a certified pregnancy or childbirth complication can get 16 weeks in total (12 otherwise). Since Jan. 1, 2026 (SB 25-144), parents whose baby is in a NICU can also get up to 12 additional weeks of Neonatal Care Leave from a separate balance, so the total can reach 28 weeks in rare cases. Standard pregnancy leave reduces the 12 weeks left for bonding; complication and NICU leave do not. Bonding must be taken within 12 months of birth, both parents can file for bonding, and you cannot file a bonding claim before the baby is born (you can start the application up to 30 days early as a draft). Your benefit year runs 12 months from your first day of FAMLI leave. Give your employer 30 days' notice when possible. 2026 premium: 0.88% of wages up to $184,500, split 50/50 (employers with fewer than 10 employees don't pay the employer half). Employers may use an approved private plan instead.
Sources: Colorado Department of Labor and Employment, FAMLI Division; National Partnership for Women & Families; Mercer Law & Policy Group. Data as of October 2026.
Questions about maternity leave in Colorado
How long is maternity leave in Colorado?
FAMLI says most birthing parents file a Pregnancy Leave claim first (once a health care provider certifies the need), then a separate Bonding Leave claim after the birth. Both come out of the same 12-week balance, unless your provider certifies a pregnancy or childbirth complication, which uses a separate 4-week balance (up to 16 weeks) and can continue after the baby is born. Colorado Paid Family and Medical Leave Insurance (FAMLI) pays up to 12 weeks to bond with your baby. The legal maximum for your own health condition is 16 weeks, and medical and family leave together are capped at 16 weeks a year.
How much does Colorado paid family leave pay?
90% of your average weekly wage up to half the state average weekly wage, plus 50% of wages above that. Max $1,448.02/week from July 1, 2026 ($1,381.45 earlier in 2026). The weekly maximum in 2026 is $1,448, a ceiling rather than a typical benefit.
Is my job protected while I'm on leave in Colorado?
Yes, in the FAMLI Act itself: if you have worked for your employer at least 180 days before leave, you have the right to return to your job or an equivalent one with equivalent pay and benefits. Health insurance continues during leave, and retaliation is banned for everyone. If your local government employer opted out of FAMLI and you opted in yourself, your job is not protected by FAMLI, though federal FMLA may apply.
Who qualifies in Colorado?
Most Colorado employees qualify after earning $2,500 in Colorado wages subject to FAMLI premiums in the last 5 completed calendar quarters; there is no minimum time with your current employer. Private employers and state government are covered; local governments can opt out. Self-employed and gig workers (and employees of opted-out local governments) can opt in for at least 3 years.
How does it work with FMLA?
The federal Family and Medical Leave Act (FMLA) gives eligible workers up to 12 weeks of unpaid, job-protected leave in a 12-month period for a birth and to care for the newborn, or for their own serious health condition, including pregnancy complications and recovery from childbirth. Health coverage continues during leave, and you return to the same or an equivalent job.
Sources
- 1.Pregnancy Leave | FAMLI Colorado Department of Labor and Employment, FAMLI Division. Accessed October 9, 2026.
- 2.Parental (Bonding) Leave | FAMLI Colorado Department of Labor and Employment, FAMLI Division. Accessed October 9, 2026.
- 3.Individuals and Families FAQs | FAMLI Colorado Department of Labor and Employment, FAMLI Division. Accessed October 9, 2026.
- 4.Premium and Benefits Calculator | FAMLI Colorado Department of Labor and Employment, FAMLI Division. Accessed October 9, 2026.
- 5.Job Protection and Retaliation | FAMLI Colorado Department of Labor and Employment, FAMLI Division. Accessed October 9, 2026.
Show all 14 sourcesShow fewer sources
- 6.Welcoming a new child in 2023? You can take paid bonding leave in 2024! Colorado Department of Labor and Employment, FAMLI Division. Accessed October 9, 2026.
- 7.State Paid Family & Medical Leave Insurance Laws (chart, April 2026) National Partnership for Women & Families. Accessed October 9, 2026.
- 8.State paid family and medical leave contributions and benefits (Feb. 6, 2026) Mercer Law & Policy Group. Accessed October 9, 2026.
- 9.29 CFR 825.100 The Family and Medical Leave Act Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
- 10.29 CFR 825.104 Covered employer Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
- 11.29 CFR 825.110 Eligible employee Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
- 12.29 CFR 825.200 Amount of leave Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
- 13.29 CFR 825.214 Employee right to reinstatement Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
- 14.Family and Medical Leave Act (FMLA) U.S. Department of Labor. Accessed October 9, 2026.