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Eagle Town Council opts out of state-run family and medical leave program

The FAMLI program, passed in Nov. 2020, is not yet active

The Eagle Town Council voted 6-0 against participation in Family and Medical Leave Insurance on Aug. 9, in accordance with staff recommendations. The council previously reviewed the state-run program, which aims to expand access to paid leave for Colorado workers, on July 26 after hearing a presentation from Lynette Horan, the town’s manager of human resources. 

Enacted in 2020, FAMLI is a paid family and medical leave insurance program, which allows employees to take 12 weeks of leave with pay (up to $1,100 per week). The law is intended to expand access to paid leave for workers statewide, and is designed to apply to a range of life circumstances that could be disruptive to employment, include receiving care for a serious health condition, providing care for a new child or ailing family member, making arrangements for a family member’s military deployment and safe leave. 

Private employers are required to participate in the FAMLI program unless they can provide an alternative, private paid leave plan that is determined by the state to be “at least equally as generous” as the public FAMLI program. 



However, local government employers are permitted to opt out of the public plan through the vote of a governing body. According to Horan, at the time of the last Town Council meeting, Aspen had already voted to opt out of FAMLI, and local governments in Avon, Breckenridge, Silverthorne, Steamboat Springs, and Vail were each “leaning toward” opting out. 

“It’s a new program and the program rules have not been fully established. The town may choose to be cautious and opt out initially until we evaluate the program,” Horan said at the July 26 meeting.

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In addition to logistical concerns about FAMLI being new and untested in the state, the report compiled by town staff highlighted financial deterrents. If the program is implemented in Eagle, the town would have to allocate an estimated $28,000 for its financial contribution. Additionally, the program cost may increase up to 33 percent in 2025.

The report states that the town puts $12,500 in an average year toward short-term disability premiums, which provides two-thirds of weekly wages for employees for a 90 day period. As it is now, however, the town’s paid leave coverage falls short of the benefits provided by FAMLI when it comes to part-time and seasonal workers — these staff members are not eligible for short-term disability. In opting out of FAMLI, the town is not required to implement further coverage.

While data was limited, a survey sent out to town staff indicated support for opting out of the program. Of eight total respondents, two provided comments for the council’s consideration, both requesting that the town proceed with opting out of the program.

Mayor Scott Turnipseed also extended the opportunity for live staff comment during the Aug. 9 meeting, however no staff members contributed further comment at this time. Council member Sarah Parrish quickly moved the matter to a vote, seconded by Geoffrey Grimmer, resulting in unanimous agreement to opt out of the program.The decision against participation in the program is not permanent, and the town can subsequently vote to opt into the plan for future years.


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