Frequently Asked Questions

Please contact your American Fidelity account manager to begin the process of signing up for the American Fidelity PFMLI private plan. Once you complete the required paperwork and receive a copy of your plan document from American Fidelity, you will still have to apply with the state to use the FAMLI private plan in your My FAMLI+ Employer account.

Applying to use the American Fidelity PFMLI private plan is a two-step process.

First, you will sign up to use the American Fidelity PFMLI private plan by contacting your American Fidelity account manager and completing all required paperwork. When you sign up, you will select an effective date for your PFMLI private plan, which must fall on the first day of a calendar month and allow at least 60 days for the Colorado FAMLI Division to review your application. Your account manager will help you through this process.

Next, you will submit your application to the state along with a copy of your FAMLI private plan document in your My FAMLI+ Employer account, making sure to submit your application at least 60 days before the effective date of your plan. During the time before the effective date of your PFMLI plan, you will also need to complete the American Fidelity implementation and onboarding process that allows us to implement your preferences and employee information for administration. This process typically takes 6-8 weeks.

For example, if you signed up for the PFMLI private plan with American Fidelity on July 15, you would choose an effective date of October 1st. You would then submit your application in your My FAMLI+ Employer account no later than August 2. This example timeline allows at least 60 days for the Colorado FAMLI Division to review your application and make a decision prior to the effective date of your plan.

Your account manager will be able to help you and answer your questions throughout this process.

Your PFMLI plan does not have any effect on how you handle employees’ day-to-day absences. You will continue to manage all other types of absences, including sick leave, vacation leave and other paid or unpaid time off as you usually do, whether that is in a human resource information system (HRIS) or some other method.

Remember, under the Colorado FAMLI rules, employees are not allowed to require employees to use employer-provided leave (vacation, sick leave, etc.) prior to or concurrently with Colorado FAMLI leave.

To maintain approval of your plan, beginning in November 2024 and every November thereafter, you must submit an attestation to the FAMLI Division stating that your contact information is correct and that your PFMLI plan still satisfies the FAMLI requirements. Beginning in the first quarter of 2025, you must pay an annual maintenance fee to the state. Finally, you must submit a reapproval application to the state every eight years.

The information you include in the census file is the primary information you will need to provide. There are required fields and optional fields in the census template. When you sign up for PFMLI, you must also sign and agree to follow the guidelines in the Data Usage and Reporting Agreement. This agreement outlines specific data requirements that must be met, including requests for demographic/census data, historical earnings, and return-to-work information. It also outlines the ways in which we will use the data your provide to us.

Note: When your employees request PFMLI or an extension on a current leave, you may need to provide additional information or verification for their request.

To upload documentation for a PFMLI claim:

1. Log in to your online account.
2. Select Leave Management from the menu on the left.
3. Depending on the status of the request, select the employee’s PFMLI claim from either the Requested Leave or On Leave tab.
4. Then, click the Upload Documents button on the right and follow the on-screen prompts.

To confirm an employee returning to work:

1. Log in to your online account.
2. Select Leave Management from the menu on the left.
3. Select the employee’s PFMLI claim from either the Requested Leave or On Leave tab.
4. Click the Report Return to Work button and follow the on-screen prompts.

To review reports, log in to your online account. Select Leave Management from the menu on the left. Then, click the Reports tab.

Third-party sick pay reports and other tax-related reports can be found by clicking the Tax Documents button.

You can log in to your online account to view the status of a claim. Select Leave Management from the menu on the left. Employers can view the status of pending leaves and any action items for those claims under the Requested Leave tab. Employers can view employees on approved leave under the On Leave tab.

American Fidelity will process PFMLI claims within the required timeframe set by the state—typically within two weeks of receiving all supporting documentation and information. American Fidelity can only process PFMLI claims once the claimant employee submits all applicable information and verification to support their claim. Employees who fail to submit documents and information in a timely manner may delay processing times for their claims, and benefits could be reduced or denied.

Employees cannot be charged more than 50% of the total contribution rate, and employees can never be required to pay more than they would pay under the state plan. Employers are responsible for the remainder of the contribution premiums.

As an example, if an employer's PFMLI rate was 0.88% (same as the 2026 state rate), the employer could deduct no more than 0.44% from employees' paychecks for contribution to the PFMLI plan.

American Fidelity does not charge additional fees to administer PFMLI claims under your approved PFMLI plan. The state sets the maximum rate at which employees can be charged and requires that employees be charged no more than 50% of the total premium and no more than they would pay under the state plan. PFMLI benefit payments may result in additional tax obligations for employers and employees. We encourage you to work with your tax advisor.

When you go through onboarding, you will work with your leave administration liaison to determine the frequency for submitting your census file, which includes your employees’ payroll data. Depending on the services you select, you may be able to submit your census file either monthly or quarterly. Many employers also choose to submit a census file with each pay period if employees are paid more than once per month. You will also decide whether you want to provide 12 months of historic payroll data during onboarding or if you prefer to verify payroll data at the time of claim for each employee.

American Fidelity requires wage information to calculate the correct benefit amount during the claims process. Many employers also choose to provide historical wage data during onboarding so they do not have to verify wage data at the time of claim for each employee. Additionally, we need to know who is covered so we don’t pay benefits to ineligible individuals.

To upload your file, follow these steps:

1. Log in to your online account
2. Select Leave Management
3. Click the Census Data button
4. Click Upload Census
5. Browse for your census file
6. Click Upload File

To process PFMLI claims, you must upload an updated census file matching the required frequency, format, and data specifications identified at your initial onboarding. Depending on the options available for your plan, you will upload a census either monthly, quarterly, or with your payroll cycles through your online account. This will also help with accuracy calculating premiums for the PFMLI plan.

Learn more about managing your census file >

Yes, employers are required to provide written notice to employees about their available benefits under the PFMLI plan as well as certain job protections when taking paid leave. The written notice must be provided in each of the follow circumstances:

• No later than 30 days before the effective date of the approved private plan,
• At time of hire,
• When an employee transfers from another location to Colorado, and
• Within 5 days of learning the employee has experienced an event that could qualify for FAMLI or the employee requests leave under FMLA.

The written notice can be delivered to each individual employee electronically, in person, or via mail. In addition to delivering the written notice to each of its employees localized in Colorado, an employer must post a notice containing the same information. 

• The notice must be posted in a conspicuous and accessible place in each establishment where employees are employed.
• The notice must be in English, Spanish, or any language that is the first language spoken by at least 5% of the employer’s Colorado workforce.
• If the employer does not maintain a physical workplace, or an employee works remotely, the employer may satisfy the posting requirement by sending the notice via email or through a conspicuous posting in a web-based or app-based platform that the employee regularly uses.

If you use the American Fidelity private PFMLI plan, you can post and provide the American Fidelity sample notice to employees to satisfy this requirement. You must customize the notice to include specific information relating to your private plan, including information about the effective date of your approved PFMLI plan. 

• Download and share the PFMLI employee notice
• Download and share the state’s program notice

Annual salary limits put a cap on the salary amount on which an employer must pay premiums. Premiums are satisfied for the year for an individual employee once premiums have been paid on compensation earned up to the Social Security wage base.

Small employers with fewer than 25 employees are not required to pay the employer contribution.

Note: The salary limit amount is updated each year to reflect changes in inflation and cost of living. These limits do not impact how much an employee is paid – only how the money is reported. These employees still receive coverage under your plan.

If you have questions, please contact your leave administration liaison.

You will receive an email notification at the email address you provided at onboarding when an employee files a PFMLI claim.

If an employee knows they will need to use paid leave, they must give you at least 30 days’ notice. In emergency situations, or when providing 30 days’ notice is not possible, employees must notify employers that they plan to use paid leave as soon as possible and practicable under the circumstances. Generally speaking, it will usually be considered practicable for an employee to provide notice to an employer either the same day they learn they have a need for leave or the following business day. In all cases, however, the specific facts and circumstances will govern what is considered practicable.

If the need for leave is foreseeable, employees must consult with the employer and make a reasonable effort to schedule leave so as not to unduly disrupt the employer’s operations. To be considered an undue disruption, there would have to be significant difficulty or expense in relation to the specific resources and circumstances of the employer.

Note that if an employer fails to post the required PFMLI program notice in each building or worksite where employees work, employees cannot be punished or disciplined for failing to provide notice.

The maximum allowed paid leave is 12 weeks per benefit year. The benefit year is the 12-month period beginning on the first day the covered individual is unable to work for which benefits are approved.

An additional four weeks of paid leave may be available (for a total of up to 16 weeks) for pregnancy or childbirth complications.

Effective January 1, 2026, an additional 12 weeks of paid leave may be available (for a total of up to 24 weeks in a single benefit year) for parents with a child receiving inpatient care in a neonatal intensive care unit (NICU).

Employees can make a PFMLI claim through their online account at americanfidelity.com/login or AFmobile®, our mobile app. Paper applications are also available but strongly disfavored due to the delays that paper applications can cause.

Benefits will depend on your employee's earnings compared to Colorado’s Average Weekly Wage. The state average weekly wage for 2025-2026 is $1,534.94. Employees may receive up to 90% of their own average weekly wage in weekly benefits, with higher wage earners receiving a higher weekly benefit but less of a percentage in wage replacement compared to what they normally make. There is also a maximum weekly benefit, which has been set at $1,381.45 starting July 1, 2025, and is subject to yearly adjustment. Amounts are determined by the Colorado Division of Family and Medical Leave Insurance Program and are subject to change.

An employer cannot require an employee to use paid sick time, vacation leave, or any other earned paid leave before or during a PFMLI-covered leave. Employers and employees may mutually agree for the employee to use employer-provided leave to supplement FAMLI benefits up to the employee’s average weekly wage. Employees are not permitted to receive more than 100% of their average weekly wage while taking paid PFMLI leave, so any amount an employer pays in excess of 100% may be considered an overpayment that the employer may have to collect from the employee. Note that mutual agreement between the employer and employee is not necessary for an employee to use paid sick leave before using paid PFMLI leave.

Spouses do not have to share/combine the total paid leave allotment. Each spouse eligible for PFMLI is entitled to the full amount of paid leave while eligible. Keep in mind that this is for PFMLI claims only. Other protected leave laws may apply different rules.

Yes. Employees can choose to apply for leave on an intermittent or reduced-schedule basis. The same employee notice requirements that apply to continuous claims also apply to intermittent claims, and employees must provide 30 days’ notice or as soon as practicable under the circumstances for each absence for intermittent or reduced-schedule leave.

Note that if an employer fails to post the required PFMLI program notice in each building or worksite where employees work, employees cannot be punished or disciplined for failing to provide notice.

Employees can take leave in increments of either one-hour or shorter periods if the employer uses a shorter increment to measure employee leave. However, benefits are not payable until the employee has accumulated at least eight hours of PFMLI benefits. The amount of leave an employee is entitled to per week depends on the number of hours and workdays per week the employee typically works.

If an employee takes at least a full work week of paid leave and a holiday falls during that week, the entire week will be counted against their paid leave time. However, if the employee is taking intermittent leave and takes less than a whole work week of paid leave, the holiday will only count against their paid leave allotment if they were scheduled to work the holiday and chose to use paid leave instead.

PFMLI benefits began on January 1, 2024. Your plan's effective date may vary. Reference the policy for more information.

An eligible employee may take up to 12 weeks per benefit year for any combination of approved leave:  

• Medical Leave: Caring for the covered individual’s own serious health condition, including a serious health condition due to domestic violence, stalking, sexual assault, or abuse  
• Family Leave: Caring for a new child during the first year after the birth, adoption or placement of that child, or caring for a family member with a serious health condition  
• Safe Leave/Personal Protected Leave: Any leave because the covered individual or the covered individual’s family member is the victim of domestic violence, stalking, sexual assault, or abuse  
• Military Family Members (Qualifying Exigency): A need arising out of an individual's family member's active-duty service or notice of an impending call or order to active duty in the armed forces

An additional four weeks of paid leave may be available for pregnancy or childbirth-related complications.

Effective January 1, 2026, an additional 12 weeks of paid leave may be available for parents with a child receiving inpatient care in a neonatal intensive care unit (NICU).

To be eligible for American Fidelity’s FAMLI private plan, the employee must meet the following criteria:

• The employee must work for a qualified employer and be considered a qualified employee under Colorado’s FAMLI program.
• An employee must have earned at least $2,500 in wages subject to PFML or FAMLI premiums during the covered individual’s base or alternative base periods.
• The $2,500 earnings threshold can be met by wages from any combination of qualified employers.
• It is not necessary to have earned $2,500 from your current employer to fulfill the earnings requirement.

Colorado employees become eligible to take paid leave after earning at least $2,500 in wages subject to FAMLI premiums within the state within approximately the last year before taking leave (known as the employee’s base year or alternative base year).

If this happens, you must add the employee to the census file like other employees. American Fidelity will determine eligibility for FAMLI benefits based on applicable requirements.

No, we cannot share the medical details regarding why we approved or denied the paid leave claim. This is because the information obtained to make that decision is Protected Health Information (PHI), which we cannot legally share. We can share certain general information about employees’ leave claims, such as approvals, denials, dates of approved leave, etc.

Through your online account, you will manage and pay your premiums at the same time as your payroll cycle.

You will not receive an invoice, but we will notify you when premiums are due. You’ll fill out an online premium worksheet every pay period and pay the required premiums. We recommend paying with electronic fund transfer (EFT) to ensure your payment is received and to speed up posting premiums.

View an example premium worksheet >

How to Pay: To make your payment and submit your worksheet, follow these steps:

1. Log in to your online account
2. Select the Billing tab
3. Select the PFMLI tab
4. Select the payroll period you’d like to pay
5. Complete the worksheet
6. Submit your worksheet and payment

You will not receive a bill. You will complete a premium worksheet each pay period and send your payment by EFT or check. To help ensure faster posting of premiums and claims processing, we suggest paying by EFT instead of checks.

Employees who file a claim for their own serious health condition will have the option to withhold state and/or federal taxes from their benefits at the time of claim. Employees can notify us about any changes to their withholding status for future benefit payments by calling 800-662-1113. Taxes cannot be withheld or refunded from benefit payments that have already been paid to employees.

For other types of PFMLI benefits (family leave, safe leave/personal protected leave that is not related to an employee's own serious health condition, military family members (qualifying exigency), or neonatal care leave), American Fidelity cannot withhold taxes. Employees may be responsible for paying taxes on the benefits they receive when they file their next tax return. Employees should consult their own tax advisors to determine what is best for their specific situation. American Fidelity cannot offer tax advice or determine whether taxes should be withheld from paid leave benefits.

American Fidelity will provide IRS Form 1099-MISC directly to employees who receive PFMLI benefits for all reasons except an employee's own serious health condition. For employers who do not use the PFMLI Tax Service, the taxable portion of benefits an employee receives due to their own serious health condition will be reflected on the employer's third-party sick pay report on the first business day of every month. These employers must adhere to the third-party sick pay rules to adjust the employee's IRS Form W-2 and pay applicable employer FICA taxes.

For employers who use Tax Assist, American Fidelity will issue IRS Form W-2 directly to employees for the relevant medical leave benefits an employee receives, and American Fidelity will pay the applicable employer FICA taxes. Additional terms, exclusions, and fees apply for the Tax Assist service.

There are no annual reporting requirements. Beginning in November 2024 and every November thereafter, however, you must submit an attestation to the FAMLI Division stating that your contact information is correct and that your PFMLI private plan still satisfies the FAMLI requirements.

Employers using an approved PFMLI private plan do not need to make any quarterly reports to the state. American Fidelity is required to make a quarterly private plan administration summary report to the FAMLI Division detailing certain benefits information for the employers covered by PFMLI. Employers do not need to take any action regarding these reports.

Yes, American Fidelity can assist with the Form W-2 reporting and the employer portion of FICA taxes attributable to employees who take leave for their own serious health condition. Employers who want assistance with this must enroll in the PFMLI Tax Assist service. Enrollment in Tax Assist must start on either the original effective date of the PFMLI plan or at the beginning of the calendar year. Additional terms, exclusions, and fees apply.

Employers who do not enroll in Tax Assist must follow third-party sick pay rules. For help filling out your Form W-2 using your third-party sick pay report, follow this guide.

View additional tax regulation information >

View additional reporting information >

American Fidelity will withhold federal and state income taxes from FAMLI taxable benefits that are considered third-party sick pay to the extent required, including the employee’s portion of FICA tax. The employer is responsible for remitting any additional state, local or federal taxes, including the employer’s portion of FICA taxes, and for adjusting employees’ W-2 forms accordingly. Employers may consult an attorney or tax professional regarding their specific obligations.

Yes, we will send IRS Form 1099-MISC to each employee when applicable after the end of the calendar year.

When employees receive benefits for their own serious health condition, such payments are subject to third-party sick pay requirements. Employers must either adhere to third-party sick pay requirements based on reports provided by us or enroll in the PFMLI Tax Assist service and we will provide additional reporting and payment assistance (additional terms, exclusions, and fees apply).

While we cannot provide tax or legal advice, current guidance indicates that family and safe leave/personal protected leave benefits are fully taxable, and medical leave benefits for an employee's own serious health condition are taxable based on the employer's contribution ratio. As such, leave for an employee’s own serious health condition is subject to third-party sick pay reporting and the employer will report a portion of those benefits on the employee’s IRS Form W-2. For all other types of leave that are fully taxable to the employee, American Fidelity will issue an IRS Form 1099-MISC and send to each employee when applicable after the end of the calendar year.

American Fidelity can offer assistance with employers' tax and reporting obligations relating to employees' leave for their own serious health condition (additional terms, exclusions, and fees apply). Reach out to your account manager for more information.

Generally, while the premium amount owed is based on pre-tax wages, payroll deductions for PFMLI premiums are made on an after-tax basis.

While the IRS has not provided definitive guidance with respect to private PFMLI plans, generally, all taxable benefit payments under six months that relate to an employee’s own serious health condition are subject to the Federal Insurance Contributions Act (FICA). For medical leave benefits, the employer paid portion of the taxable benefit is subject to FICA and reported on Form W-2, unless the employer paid portion is taxed as wages (imputed to the employee’s wages). Non-medical leave benefits are not subject to FICA, but the gross benefit must be documented on IRS Form 1099-MISC. If you do not enroll in the PFMLI Tax Assist Service (additional terms, exclusions, and fees apply), we will withhold FICA tax from qualifying benefits and provide you with third-party sick pay reports so that you can fulfill your obligations. We will also provide your employees with IRS Form 1099-MISC as applicable for those benefits that do not relate to an employee’s own serious health condition. You are responsible for IRS Form W-2 reporting. All employers and employees should consult their own tax advisors regarding the tax consequences of PFMLI contributions and benefits.

Alternatively, employers can enroll in the PFMLI Tax Assist service for assistance with employer tax and reporting obligations relating to leave for an employee's own serious health condition (terms, exclusions, and additional fees apply). Reach out to your account manager for more information.

For employers who choose not to enroll in the PFMLI Tax Assist service, PFMLI benefits paid due to an employee's serious health condition will be reported to the employer through third-party sick pay reporting. These reports will show how much medical leave benefits are taxable to the employee. This allows employers to have the information to report the income on an IRS Form W-2 and remit the employer share of FICA on the taxable portion of employees' medical leave benefits. Employers are encouraged to work with their tax advisors on the specific circumstances. American Fidelity does not provide tax advice. 

Reach out to your account manager for more information about Tax Assist and how it can help you with your PFMLI-related tax and reporting obligations.

You can log in to your online account or call 800-662-1113 for support. 

You can also contact their dedicated leave liaison at any time through the Help tab on your employer portal or by emailing employer.leaves@americanfidelity.com.