Charles JacksonColorado's Healthy Families and Workplaces Act (HFWA) guarantees paid sick leave to nearly every worker in the state, regardless of employer size, industry, or employment status. Since January 1, 2022, part-time workers, seasonal workers, and new hires accrue paid leave from their first day. The questions below address the situations Colorado workers and HR professionals most commonly face.
How much paid sick leave do I accrue under HFWA?
Employees accrue one hour of paid sick and safe leave for every 30 hours worked, with no waiting period — accrual begins from the first day of work. The minimum annual accrual cap is 48 hours (six days) per benefit year. [C.R.S. § 8-13.3-403(1)(a)].
Employers with 16 or more employees must provide the full 48 hours at the start of the benefit year (front-loading) rather than requiring accrual throughout the year. Smaller employers may require accrual. Employers are free to offer more than 48 hours — HFWA sets a floor, not a ceiling.
What reasons can I use HFWA paid sick leave for?
HFWA qualifying uses are broad and cover both personal and family needs. Under C.R.S. § 8-13.3-404, you may use HFWA leave for:
- Your own mental or physical illness, injury, or health condition (including preventive care)
- Caring for a family member with a mental or physical illness, injury, or health condition
- A public health emergency that closes your workplace, your child's school, or your childcare provider
- Addressing needs related to domestic abuse, sexual assault, or stalking (for yourself or a family member)
- Absences related to a declared public health emergency (testing, vaccination, quarantine, caring for family quarantined)
"Family member" under HFWA is defined broadly to include children, parents, siblings, grandparents, grandchildren, spouses/partners, and any individual whose close relationship with the employee is the equivalent of a family member.
Does HFWA apply to my employer?
HFWA applies to all employers in Colorado — with extremely limited exceptions for certain self-insured governmental employers. The law covers:
- Private-sector employers of any size (1 employee to 10,000+)
- Nonprofit organizations
- Staffing agencies (with employees attributed to the agency, not the client)
- Out-of-state employers with employees performing work in Colorado
Independent contractors are not entitled to HFWA leave (though misclassification as an independent contractor when you are functionally an employee is a separate claim).
Can my employer ask for documentation when I use HFWA leave?
For absences of three or fewer consecutive days, Colorado employers generally cannot require documentation as a condition of HFWA leave use. For absences of four or more consecutive days, an employer may request reasonable documentation. Examples of reasonable documentation include a healthcare provider's note, a public health official's order, or a court document.
If documentation is requested, the employer cannot require it to state a diagnosis or disclose confidential medical information. The employer must keep all health-related documentation strictly confidential and separate from the employee's personnel file. Delaying or denying leave while waiting for documentation is itself a violation if the delay would have required the employee to work while sick.
Is unused HFWA sick leave paid out when I leave my job?
No. Unlike accrued vacation pay (which Colorado treats as wages), HFWA sick leave is not required to be paid out upon separation from employment. Unused accrued sick leave can carry over to the next benefit year (up to 48 hours), but when the employment relationship ends, the employer has no obligation to cash out the balance.
This is a key distinction from vacation pay. If your employer has a combined PTO policy where sick leave and vacation are merged into one bank, the vacation component of any accrued PTO balance is typically payable upon separation — consult an employment attorney if your employer disputes this.
What if my employer retaliates against me for using HFWA leave?
Retaliation for using HFWA leave is explicitly prohibited under C.R.S. § 8-13.3-410. Prohibited adverse actions include termination, demotion, reduction in hours, pay reduction, negative performance reviews, or any other action that would dissuade a reasonable employee from using the leave.
An employee who experiences retaliation can file a complaint with the DLSS or pursue a civil lawsuit. Remedies include reinstatement, back pay, actual damages, and attorney fees. Because the burden shifts to the employer to prove any adverse action was unrelated to the HFWA leave, retaliation cases often settle favorably for employees.
For workers in neighboring Utah facing a less protective regime, the Utah sick leave law provides a useful comparison — Utah does not mandate paid sick leave at the state level.
Avertissement: This article is for informational purposes only and does not constitute legal advice. Consult a Colorado employment attorney or the DLSS for guidance on your specific situation.
Does HFWA interact with Colorado's FAMLI program?
Yes, but they are separate programs serving different purposes. HFWA provides paid sick leave for shorter-term needs (illness, appointments, caregiving in a non-extended situation). The Family and Medical Leave Insurance (FAMLI) program, at famli.colorado.gov, provides paid leave for extended situations — bonding with a new child, a serious health condition, or a qualifying military event — typically for longer durations (up to 12 weeks).
When both programs apply simultaneously (e.g., a serious personal health condition), an employer can require the employee to use any remaining HFWA balance concurrently with FAMLI leave. Both programs protect the same job, but they run on parallel tracks with separate tracking requirements.
Can my employer change how HFWA leave is tracked if we switch HR systems?
Yes, employers may change tracking systems, but they must maintain complete accrual records for at least two years under HFWA and at least three years under Colorado's general wage record retention rules. If a system change results in any employee losing accrued leave balances, the employer faces liability for the lost accrual.
Best practice: before migrating HR systems, export and preserve each employee's sick leave balance and accrual history. Confirm the new system's carry-over logic before going live.
