Paid mental health leave through the FAMLI insurance program is essential to combating our mental health crisis. The decision to prioritize mental health is never an easy one. According to the Colorado Health Institute, nearly 50% of Coloradoans who needed mental health support did not get it due to stigma.
With these sobering statistics in mind and our experience working with thousands of patients, it has become clear that few people know about the Family and Medical Leave Insurance (FAMLI) program, or that they can use this to prioritize their mental health. In this blog, we’ll provide you with essential information about using FAMLI leave for mental health, including eligibility, usage, and benefits, so you can make informed decisions about managing your mental health.
Whether you’re considering taking time off for treatments like TMS or Spravato or simply exploring your leave options, this guide is designed to help you understand how FAMLI can support both your mental health and financial health so you don’t need to choose between affording basics and being well.
*Please note that we do not guarantee approval of FAMLI (Family and Medical Leave Insurance) leave automatically. Patients interested in being considered for FAMLI leave must have a diagnosable, serious medical condition, such as depression, and must be engaged in a qualifying treatment that goes beyond talk therapy, such as medication management or advanced clinical interventions. Approval for leave is determined by clinical assessment and state requirements, not by request alone.
What is FAMLI?
The Family and Medical Leave Insurance (FAMLI) program provides Colorado workers with paid leave to manage significant life events without the stress of choosing between their paycheck and their well-being. Beginning in January of 2023, most Colorado employees and employers began paying a tax of 0.8% (split between employees and employers) of an employee’s salaries to fund Colorado’s Family and Medical Leave Insurance (FAMLI) program. As of January 2024, employees who were opted into the program could start collecting benefits.
Unlike the Family and Medical Leave Act (FMLA), which only guarantees job protection without compensation, and applies to businesses with 50 or more employees, FAMLI ensures financial support for all Colorado workers, including the self-employed and freelancers. Eligible individuals can receive paid leave at 90% of their salary, up to $1,324 per week, for up to 12 weeks per year. This program supports a wide range of needs, from personal health issues to domestic violence, and family responsibilities related to deployment, making it a crucial resource during challenging times.
What can FAMLI leave be used for?
FAMLI leave covers a variety of essential situations, allowing workers to manage significant life events without financial strain. This includes bonding with a new child, whether through birth, adoption, or fostering, as well as addressing serious health conditions for oneself or a family member. It also supports making arrangements for a family member’s military deployment and dealing with the impacts of domestic violence or sexual assault. Practically, this means that any patient suffering from depression who wants to undergo advanced treatments like Deep Transcranial Magnetic Stimulation (TMS) or Spravato can take paid time off work to focus on their recovery. This provision ensures that individuals can prioritize their mental health without the added stress of financial concerns.
How long can FAMLI leave be used?
FAMLI leave offers flexible options to accommodate different needs. Employees can take continuous or reduced schedule leave for up to 12 weeks per year, providing ample time to manage significant health or family situations. For those requiring intermittent leave, such as for scheduling Spravato treatments, the leave can be extended over a 6-month period. This flexibility allows individuals to tailor their leave to their specific circumstances, ensuring they can balance their treatment and recovery with their personal and professional responsibilities.
Why is FAMLI beneficial for patients and providers?
FAMLI offers considerable advantages for both patients and mental health providers by facilitating flexible and comprehensive care. For patients, the program supports a range of treatment options that fit various schedules. Some treatments, like Spravato, require less time than others, such as Transcranial Magnetic Stimulation (TMS), allowing patients to manage their mental health care more efficiently. This flexibility helps individuals engage in the treatments that best suit their needs.
FAMLI also ensures that patients do not have to choose between receiving appropriate care and meeting basic necessities. It enables access to more intensive treatment options, such as Intensive Outpatient Programs (IOP) or Partial Hospitalization Programs (PHP), tailored to the severity of the patient’s condition. This comprehensive approach enhances the likelihood of successful outcomes by providing a range of care levels.
When our patients take FAMLI leave, they have the time to focus on other aspects of recovery such as working with organizations like the Colorado Office of Employment First (COEF) who have individual placement and support programs for people with mental health disabilities. This support helps individuals recover from workplace stressors that may contribute to their mental health challenges. By allowing patients to take time off work, FAMLI encourages greater engagement in therapeutic activities, leading to improved treatment effectiveness and overall recovery.
Why is FAMLI beneficial for employers?
Encouraging employees to take advantage of Colorado’s FAMLI leave program for their mental health benefits employers in several ways:
- Increased Productivity: By allowing employees time to address mental health needs, they can return to work more focused, energized, and productive. Taking time off for mental health leads to improved performance in the long run and greater competitive advantages.
- Reduced Turnover: Offering FAMLI leave as a support tool shows employees that their well-being is a priority. This leads to greater job satisfaction, increasing employee retention and reducing the cost of hiring and training new staff.
- Fewer Absences: Unaddressed mental health issues often lead to frequent absenteeism. Allowing employees to take leave to care for themselves reduces sporadic days off, as it prevents their conditions from worsening.
- Better Workplace Morale: Supporting mental health shows that the company values its employees, fostering a positive work culture. This encourages loyalty, improves morale, and helps create a supportive, healthy work environment.
- Legal and Compliance Benefits: Colorado’s FAMLI leave is mandated by law, so offering this benefit ensures compliance with state regulations, helping employers avoid potential legal issues while also positioning the company as an ethical employer.
By promoting the use of FAMLI leave for mental health, employers can cultivate a healthier, more resilient workforce.
Do You Qualify for FAMLI Leave?
Qualifying for FAMLI leave is relatively easy to determine. Most Colorado employees are eligible for benefits after they have earned $2500 in wages and as long as they have not opted out of the program. This eligibility applies to all classes of workers from self-employed to gig workers to W-2 workers. To see if you are eligible, take our free FAMLI leave quiz. Or download our free guide to FAMLI leave.
Take our 1 minute FAMLI Leave Quiz and see if you qualify for paid mental health leave
How to apply for FAMLI leave for Mental Health
Applying for FAMLI leave is a straightforward process designed to be user-friendly. Follow these steps to get started:
- Create a Login.gov Account: Set up your account on Login.gov, which is a one-time requirement for accessing various government services.
- Submit the Application: Go to the FAMLIplus website and submit your leave application. This platform handles the processing and management of your leave request.
- Schedule a Documentation Appointment: Arrange a 30-minute appointment with your healthcare provider to complete the serious health condition form. Make sure to provide your leave start and end dates, specify if you want intermittent or continuous leave, and discuss your treatment plan.
- Track Your Application Status: Use the FAMLIplus dashboard to monitor the status of your application. Most patients receive approval within two weeks, but this timeline can vary.
By following these steps, you can efficiently apply for and manage your FAMLI leave, ensuring that you have the necessary time to focus on your health and well-being.
Overcoming the guilt of taking mental health leave
Overcoming the guilt of taking time off for your mental health can be challenging, especially if you’re used to putting work first. But here’s why you shouldn’t make excuses:
- FAMLI is designed for this: Colorado’s FAMLI program exists because mental health is just as important as physical health. The state recognizes that everyone deserves time to take care of themselves without fear of financial hardship or job security. This program is your right, not a luxury. Taking advantage of it is a step toward maintaining your overall well-being.
- You’re better for everyone when you’re better for yourself: It’s easy to feel guilty, thinking you’re letting others down. But in reality, if you continue pushing through without addressing your mental health, you’ll be less productive, more stressed, and may burn out. When you take the time to focus on your well-being, you’ll return to work more refreshed and effective.
- It sets a healthy example: By taking leave, you’re not just helping yourself—you’re normalizing mental health care in the workplace. Others might feel more comfortable taking care of themselves, too, and this can change the culture for the better. You’re showing that it’s okay to prioritize self-care.
- Long-term benefit outweighs short-term guilt: Remind yourself that taking time now to care for your mental health prevents bigger problems down the line. If you avoid it, your mental health could worsen, leading to longer and more serious absences in the future. Think of it as a proactive investment in both yourself and your job.
- Career Progression: For many people, recovery means reaching their full potential. Check out what happened to one of our patients after they took leave and got serious about their mental health.
- Personal relationships improve: while work is important, it’s equally important to think about the impact that untreated depression has on your family and loved ones. It can be challenging to make good decisions and be a loving and caring spouse and parent when depression drains your energy, concentration, and makes everything feel hopeless.
All Axis Integrated Mental Health prescribers are already registered with the FAMLI+ system. If you aren’t an existing patient, you must schedule an intake appointment first to diagnose the issues you may be suffering from, collaborate on a treatment plan, and then schedule a 30-minute documentation appointment after the first visit to complete your FAMLI paperwork if you are eligible. We accept nearly every insurance plan so you visit will most likely be covered and you will only owe your copay.
You have the support of the law, your employer, and your future self. Taking time off is not something to feel guilty about. Instead, see it as a necessary step toward staying healthy and thriving at work and in life.
If you have questions or need assistance with FAMLI leave and mental health treatment, reach out to Axis Integrated Mental Health. Our team is here to support you through the process and provide the care you need.
Contact Axis Integrated Mental Health today at (720) 400-7025 or visit our website at axismh.com for more information about our innovative approach to depression treatment and paid mental health leave support.
More Resources for Employee Mental Health
- Burned Out? Is Paid Mental Health Leave the Answer?
- Coping with High Functioning Depression
- How to Prioritize Your Mental Health as a Manager?
- How to Train Managers and CXOs for Mental Health?
- What Stops People from Seeking Mental Health Treatment?
- How To Start a Conversation with a Loved One Struggling with Mental Health
- How to Support Someone with Depression: Recognize the Signs and Take Action
Frequently Asked Questions
5 FAQs for Taking Paid Family and Medical Leave (FAMLI) in Colorado for Mental Health
1. What qualifies as a serious health condition for mental health under Colorado’s FAMLI program? A serious health condition includes any physical or mental illness, injury, or impairment that requires inpatient care (e.g., in a hospital or residential facility) or continuing treatment on an outpatient basis by a healthcare provider. This explicitly covers mental health conditions like depression, anxiety disorders, PTSD, or bipolar disorder that impact your ability to work, as well as treatment such as Deep TMS or Spravato.
2. Am I eligible to take FAMLI leave for my own mental health issues? Yes, most Colorado workers are eligible if you’ve earned at least $2,500 in wages from a covered employer (which includes nearly all private sector jobs, plus self-employed individuals and independent contractors who opted in). You must have worked for your employer for at least 180 days for job protection. Unlike federal FMLA, FAMLI covers all sized employers and provides paid benefits starting January 1, 2024.
3. How much paid leave and what is the benefit amount for mental health reasons? You can take up to 12 weeks of paid leave per benefit year (up to 16 weeks if related to pregnancy or childbirth complications). Benefits pay 90% of your average weekly wage, capped at a maximum of $1,324 per week (depending on earnings). Leave can be taken intermittently (e.g., one day a week for therapy) if supported by your healthcare provider.
4. Will my job be protected, and do I need to provide proof of my mental health condition? Yes, FAMLI provides job protection for up to 12 weeks, meaning your employer must hold your position (or an equivalent one) and continue your health benefits (you pay your share). You’ll need medical certification from a provider confirming your serious health condition, but details remain confidential: employers only see basic info like duration. You won’t lose your job for using this leave, and retaliation is prohibited.
5. How do I report retaliation against me for taking FAMLI leave? Retaliation is illegal under Colorado’s FAMLI law, and employers cannot fire, discipline, or discriminate against you for taking leave. If urgent, call the FAMLI Division directly for guidance.
- Document the Retaliation: Keep detailed records of the retaliatory actions (e.g., termination, demotion, reduced hours, or harassment), including dates, times, communications (emails, texts), and any witnesses.
- File a Complaint with the Colorado FAMLI Division: Submit a retaliation complaint through the My FAMLI+ portal at famli.colorado.gov or contact the Division of Family and Medical Leave Insurance at (303) 318-8000 or cdle_famli_info@state.co.us. Provide specifics about the retaliation, including evidence like emails or performance reviews showing adverse actions tied to your leave.
- Provide Supporting Documentation: Include your FAMLI leave approval notice, employer communications, and any proof of retaliation (e.g., termination letter or disciplinary notices). The FAMLI Division investigates violations of job protection or anti-retaliation provisions.
- Consider Additional Legal Action: If the retaliation involves broader workplace discrimination, you can file a charge with the Colorado Civil Rights Division (CCRD) within 180 days or the federal Equal Employment Opportunity Commission (EEOC) within 300 days. For legal advice, contact an employment attorney or Colorado Legal Services (for low-income individuals).
- Timeline and Follow-Up: The FAMLI Division typically responds within a few weeks. Investigations may take 30–60 days, depending on complexity. You’ll be updated on the status and any remedies, such as reinstatement or back pay.
