Colorado Leave Laws Mandates
Colorado laws protect employees with time off for family, medical, and other personal reasons. At the federal level, the Family and Medical Leave Act (FMLA) guarantees eligible employees up to 12 weeks of unpaid, job-protected leave annually for qualifying family and medical reasons.
Colorado supplements this with its state-specific laws, most notably the Family and Medical Leave Insurance (FAMLI) program, which offers paid leave benefits starting in 2024. Colorado workers can take necessary leave while maintaining job security and, in the case of FAMLI, receive wage replacement during their time off.
Colorado Sick Leave Law
Under the Colorado Healthy Families and Workplaces Act, employers must provide paid sick leave at a minimum accrual rate of 1 hour per 30 hours worked, up to 48 hours per year. Employees have the right to use this leave for their own health needs or to care for family members, with no negative consequences for taking such leave.
Colorado Paid Family and Medical Leave (FAMLI) Law
Colorado’s FAMLI program is a state-run paid family and medical leave insurance that began benefit payments in 2024. Most employees become eligible after earning at least $2,500 in wages subject to FAMLI premiums over the prior year. Eligible employees can receive up to 12 weeks of paid leave annually, with an additional 4 weeks available for pregnancy or childbirth complications.
Colorado FMLA Law
Colorado follows the federal FMLA guidelines, entitling eligible employees to up to 12 weeks of unpaid, job-protected leave annually for qualifying reasons such as birth or adoption of a child, severe health conditions, or military family leave. Colorado state employees may receive up to 40 additional hours of state family medical leave and 160 hours of paid FMLA leave after one year of state service. Employers covered include private employers with 50 or more employees, government agencies, and schools.
Related Read: FMLA Checklist for HRs
Colorado Paid Time Off (PTO) Law
Colorado does not mandate a specific paid time off (PTO) law beyond sick leave and FAMLI. However, many employers offer PTO that combines vacation, sick or personal leave. State employees accrue annual leave at 8 hours per month and sick leave at 6.66 hours per month, with pro-rated accrual for part-time employees. PTO policies vary by employer but must comply with wage payment laws.
Colorado Bereavement Leave
Colorado does not have a state-mandated bereavement leave law. Employers may offer bereavement leave voluntarily, and although no notice or documentation is legally required, they may request proof, such as an obituary or death certificate.
Colorado Leave Types, Eligibility, and Duration
| Type of Leave | Eligibility | Duration and Description |
|---|---|---|
| FAMLI Paid Family Leave | Employees earning $2,500+ in prior year | Up to 12 weeks paid leave annually; 16 weeks for childbirth complications; covers family care, self-care, military, and safe leave |
| FMLA | Employees of covered employers (50+ staff) | Up to 12 weeks unpaid, job-protected leave per 12-month period; additional state leave for state employees |
| Sick Leave | All employees under Healthy Families Act | Accrual of 1 hour per 30 hours worked, up to 48 hours/year; paid leave for illness or family care |
| PTO | Varies by employer | Employer-specific; often combines vacation and sick leave; state employees accrue annual and sick leave |
| Bereavement Leave | No state mandate | Employer discretion; typically unpaid; no required notice or documentation |
Colorado State Specific Leaves
Colorado’s most notable state-specific leave law is the Family and Medical Leave Insurance (FAMLI) program, which is the first ballot-initiated paid family and medical leave insurance program in the U.S. Other state-specific leave laws include;
- Paid Sick Leave: Employees accrue at least 1 hour per 30 hours worked, up to 48 hours/year. During a public health emergency, additional leave is required.
- Annual Leave (State Employees): Full-time state employees are entitled to 8 hours of annual leave per month; part-time employees accrue leave pro-rata.
- Sick Leave (State Employees): Full-time state employees earn 6.66 hours/month; part-time accrues pro-rata.
- Holiday Leave: Colorado recognizes several state holidays; essential employees who work on holidays receive alternate leave.
- Jury Duty Leave: Employers must allow employees time off for jury service; the state pays for the first three days.
- State Family Medical Leave: State employees may receive up to 40 additional hours of state family medical leave after FMLA, plus up to 160 hours of paid FMLA leave after one year of service.
- Military Leave: State employees are entitled to short-term military leave.
Essential Components of an HR Leave Policy
- Procedure for Leave Application: Communicate the steps employees should follow to request leave, including advance notice requirements and the necessary approval workflow.
- Categories of Leave: Clearly define the available leave options for employees, such as annual, sick, casual, or special leave.
- Eligibility Criteria: Specifies which employees can apply for leave and any conditions that must be met (for example, minimum service period).
- Leave Accrual: Explain how employees earn leave, whether on a monthly or yearly basis.
- Carry Forward and Forfeiture Rules: States if unused leave can be transferred to the next year or if it expires after a specific period.
- Tracking and Leave Records: Outlines how the organization monitors and maintains each employee’s leave entitlement and usage.
HR Compliance: Notice & Documentation Requirements
| Leave Type | Notice Required | Documentation Required |
|---|---|---|
| FAMLI | 30 days if foreseeable | Proof of relationship, medical certification |
| FMLA/State FMLA | Reasonable advance notice | Medical certification or bonding documents |
| Sick Leave | Reasonable notice as soon as practicable | None required under law |
| Bereavement Leave | None mandated | Optional proof (obituary or death certificate) |
