Colorado paid sick leave is governed through the Healthy Families and Workplaces Act, which requires employers to provide up to 48 hours of paid sick and safe time leave per year under Colo. Rev. Stat. § 8-13.3-401. In addition to regular sick leave, the law requires additional leave during public health emergencies.
The law provides comprehensive protection for workers while establishing clear guidelines for both employers and employees. These requirements apply to all employers with Colorado employees, ensuring broad coverage across the state.
Common Questions About Colorado Paid Sick Leave
Understanding Colorado paid sick leave requirements is essential for maintaining workplace compliance and supporting employee well-being. The law establishes specific guidelines for leave accrual and usage while providing comprehensive worker protections. Here’s what you need to know to stay compliant.
Who can take paid sick leave in Colorado?
All Colorado employees are eligible for this leave, except independent contractors.
Which employers have to provide this leave?
All employers with one or more employees in Colorado must provide this leave.
How much leave do employers need to provide?
Employees earn one hour of paid sick leave for every 30 hours worked, up to 48 hours per year. Accrual starts at hire. Exempt employees are presumed to work 40 hours weekly unless they typically work less.
What can Colorado paid sick leave be used for?
Employees can use leave for Their own or family members’ mental or physical illness, injury, or medical condition, as well as medical diagnosis, care, treatment, or preventative care. This leave also applies to absences for the death of a family member (grieving, funeral services, legal/financial matters), domestic abuse, sexual assault, or harassment-related needs.
Colorado paid sick leave can also be used if a workplace or child’s school is closed due to a public health emergency or due to weather, utility issues, or unexpected circumstances. This includes instances of evacuation from a residence due to weather, utility issues, or unexpected circumstances.
How does this relate to other types of leave?
Employers can use a paid time off policy that provides at least as much leave and allows for the same reasons as the sick leave law requires.
Can employers limit how many hours of sick leave employees use in a year?
Yes, employers can limit employees to 48 hours of paid sick leave per year.
Can employers provide all the leave at once instead of letting it accrue?
Employers can frontload the full 48 hours at the beginning of the year. However, even with frontloading, employers must still allow carryover of accrued and unused leave.
Do employers have to carry over unused leave?
Yes, employees can carry over up to 48 hours of unused leave per year, subject to the 48-hour cap.
What is the smallest amount of leave an employee can use?
Employees can take leave in hourly increments.
What notice do employers and employees need to provide?
Employers must provide notice of paid sick leave rights at hire and post it in a visible location (or electronically for remote workers). Notices must be in English and any language that’s the first language of at least 5% of employees.
For foreseeable leave, employees must make a good faith effort to provide advance notice and schedule leave to minimize disruption to operations.
What verification can employers ask for?
For absences of four or more consecutive workdays, employers can require reasonable documentation. However, they cannot require disclosure of specific information about domestic violence, sexual assault, stalking, or health conditions before providing leave.
Are employees’ jobs and benefits protected when they take this leave?
Yes, employees’ jobs are protected. While unused leave isn’t paid out at separation, employers must reinstate previously accrued leave if employees are rehired within 6 months.
Simplify Colorado Paid Sick Leave with SixFifty
Navigating Colorado paid sick leave requirements can be complex, especially with additional public health emergency provisions. SixFifty’s solutions streamline the process, ensuring your policies align with state requirements while reducing the administrative burden on your HR team. We’re here to keep you compliant—even as paid sick leave laws evolve.
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