Resources/Absence and Leave Management

Colorado Expands FAMLI: New Neonatal Care Leave for 2026

Published: 2 min read

By: HUB's Absence Management Team

When a newborn requires time in the NICU, it creates an incredibly stressful period for families. Colorado is helping meet that need by expanding their program with job-protected Neonatal Care Leave. Employees now receive additional job protection and wage replacement specifically for neonatal care—on top of the 12 weeks already available for other qualifying reasons.

Effective January 1, 2026:

  • Eligible employees can take up to 12 additional weeks of paid leave specifically while their infant is receiving inpatient neonatal care. This is in addition to the 12 weeks of FAMLI benefits available for all other leave reasons, including bonding.
  • Neonatal Care Leave is available to employees whose infants were born prior to January 1, 2026, and still receiving inpatient treatment in the NICU as of the new year. Eligible employees can end their ‘bonding leave’ claim early and switch to ‘neonatal care leave’ as of January 1, 2026.

Additional Considerations:

  • FAMLI leave runs concurrently with FMLA when the leave qualifies for both programs; however, employers may not require an employee to use FAMLI. (Employers may still impose requirements for receiving paid leave under their own company policies.)
  • Employees may be eligible to take up to 28 weeks of leave with the addition of Neonatal Care Leave. When considering if an employee takes FMLA leave first for reasons other than pregnancy or decides to take FAMLI leave after their FMLA leave, the employee could be eligible for up to 40 weeks of job protected leave within the leave year.
    • 12 weeks FMLA12 weeks Neonatal Care Leave
    • 12-16 weeks Pregnancy and Bonding under FAMLI
  • If applicable, employers will need to review their company paid parental and/or caregiving policies to see how this new state leave will coordinate with Neonatal Care Leave.

If you have any questions, please contact your HUB Advisor. We will continue to monitor and provide updates as more information becomes available. View more Workforce updates in our WAM Bulletins page.

NOTICE OF DISCLAIMER
Neither Hub International Limited nor any of its affiliated companies is a law or accounting firm, and therefore, they cannot provide legal or tax advice. The information herein is provided for general information only and is not intended to constitute legal or tax advice as to an organization’s specific circumstances. You should consult an attorney, accountant or other legal or tax professional regarding the application of the general information provided here to your organization’s specific situation in light of your organization’s particular needs.