Legislative lowdown: Colorado extends leave for parents with children in the NICU

Colorado workers will be entitled to an additional 12 weeks of paid family and medical leave starting next year if they have a child being treated in a neonatal intensive care unit (NICU).

Gov. Jared Polis signed a bill into law amending the state’s Family and Medical Leave Insurance (FAMLI) program on May 30. Colorado is the first state to offer extended leave to parents with babies in the NICU.

NICU parents can receive double the amount of leave. Nearly all employees in Colorado are already entitled to receive up to 12 weeks of leave to bond with a new child. The state’s paid family leave law went into effect last year after it was passed via ballot initiative in 2020. Mothers, fathers, and individuals acting as the parent to a child (“in loco parentis”) can apply for the benefit.

Starting Jan. 1, 2026, workers with children in the NICU may receive double the amount of leave, a total of 24 weeks. The additional 12 weeks of leave should be taken for the duration of time a child is receiving treatment in the NICU, according to the bill’s text.

One of the bill’s sponsors, state Rep. Yara Zokaie, previously described working from the hospital when her child was in the NICU. “Having a child in the NICU is one of the most terrifying moments as a parent, and the last thing they should be worried about is having to choose between spending time with their child in the hospital and keeping their jobs,” she said in an April statement.

Getting creative with PFL. Thirteen states and Washington, DC now have paid family and medical leave systems in place, with laws granting eligible workers anywhere from six to 12 weeks off to bond with a new child or care for a loved one.

Though Colorado is the first state to extend paid leave for NICU parents, some states have found other ways to enhance their benefits for workers with families in recent years. New York, for example, now requires employers to offer 20 hours of paid prenatal leave to pregnant workers annually.

Some employers have incorporated enhanced leave offerings into their total rewards, as well. Both Pinterest and Morgan Stanley offer NICU leave to their employees.