Earlier this year, Colorado adopted Senate Bill 25-144, expanding its Family and Medical Leave Insurance (“FAMLI”) program to become the first state to provide paid leave for employees taking care of an infant hospitalized in a neonatal intensive care unit (“NICU”).
Beginning January 1, 2026, qualifying employees in Colorado may take up to 12 weeks of paid FAMLI leave to provide care for a newborn child receiving inpatient care in a NICU (“Neonatal Care Leave”). This leave is available only for the duration that the infant remains admitted to a NICU. Neonatal Care Leave is available for parents of the infant (including biological, foster, adoptive or step-parent) and individuals acting in loco parentis to the infant.
Neonatal Care Leave is separate from the existing 12 weeks of paid FAMLI leave available to care for a new child and it does not reduce an employee’s entitlement to other types of paid leave, including bonding leave, after the child is discharged from the NICU. As a result, employees may be eligible for up to a total of 24 weeks of paid FAMLI leave (12 weeks of bonding leave and 12 weeks for time that the newborn is in the NICU). Note that employees with a serious health condition related to pregnancy complications or childbirth complications may also be eligible for an additional four (4) weeks of FAMLI leave.
Employees whose infant received inpatient treatment in a NICU prior to January 1, 2026, or who took FAMLI leave to care for that infant prior to...
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