Colorado Sick Leave Law

Is paid sick leave mandatory in Colorado? Yes — for virtually every employer in the state, regardless of size. The Healthy Families and Workplaces Act (HFWA), codified at C.R.S. § 8-13.3-401 through § 8-13.3-416, requires Colorado employers to provide paid sick leave to nearly all employees. Here are the questions workers and HR managers ask most about how it works.

Who Does Colorado's Sick Leave Law Cover?

The HFWA covers almost all employees who work in Colorado, including full-time, part-time, and temporary workers. Unlike some state sick leave laws that only apply above a certain employer size, Colorado's law has no small employer exemption — a sole proprietor with one employee must comply the same as a corporation with 10,000 workers.

Excluded from HFWA coverage:

• Federal government employees (governed by federal law)
• Certain railroad workers covered by the Railway Labor Act
• Workers covered by a valid collective bargaining agreement that expressly waives HFWA and provides an equivalent or greater benefit

Independent contractors are not covered — but, as with all Colorado employment law, misclassification is a major compliance risk.

How Much Sick Leave Does a Colorado Employee Earn?

Employees accrue sick leave at a rate of one hour for every 30 hours worked, with a maximum accrual cap of 48 hours per year (6 days). Employers may choose to "front-load" the full 48 hours at the start of each calendar year or employment anniversary instead of tracking accrual — this eliminates administrative complexity but provides the full benefit upfront.

Accrual begins on the first day of employment. For new hires, employers may impose a waiting period of up to 30 days before the employee can use accrued leave (but not before it accrues). Salaried employees accrue based on their standard workweek.

What Can Colorado Sick Leave Be Used For?

The HFWA defines permitted uses broadly — far beyond just personal illness:

• Employee's own physical or mental health: Illness, injury, preventive care, medical appointments, mental health treatment
• Caring for a family member: Same categories of need as above, for a spouse, domestic partner, child, parent, grandparent, grandchild, or sibling
• Safe leave: For the employee or a family member who is a victim of domestic violence, sexual assault, or stalking — including time for safety planning, legal proceedings, or relocation
• Public health emergency: When a government authority has ordered closure of the employee's workplace, school, or childcare due to a public health emergency

Family member definition under the HFWA is intentionally broad: it includes biological, adopted, foster, and step-relationships, as well as legal guardians and persons standing in loco parentis. A domestic partner's parents qualify as "parents" for HFWA purposes.

Can My Employer Ask for a Doctor's Note?

For absences of four consecutive days or fewer, Colorado employers generally cannot require documentation (a doctor's note or other health records). This is one of the most employee-protective provisions of the HFWA — it prevents the common practice of requiring documentation for every absence, which discourages workers from using their legally-owed leave.

For absences exceeding four consecutive days, employers may request reasonable documentation. However, they cannot require a specific type of document, and must allow employees to provide a signed written statement if medical documentation is unavailable or unaffordable.

À retenir: An employer who retaliates against an employee for taking HFWA leave — including asking for excessive documentation as a deterrent — commits a violation subject to CDLE investigation.

Does Unused Colorado Sick Leave Roll Over?

Yes. Unused accrued sick leave carries over to the following calendar year, up to the 48-hour cap. This means an employee who accrued 48 hours but used only 20 carries forward 28 hours into the next year, and the accrual clock restarts. Employers who front-load leave at the beginning of each year are not required to carry over unused front-loaded hours — but must carry over hours that would have accrued under the standard 1-per-30-hours method.

Is Unused Sick Leave Paid Out When an Employee Leaves?

No. Unlike accrued vacation, Colorado does not treat sick leave under the HFWA as wages that must be paid out upon termination. An employee who leaves with 40 hours of unused sick leave is not entitled to payment for those hours — unless the employer's own written policy provides for payout, or unless the employer combines sick leave with vacation into a single PTO bank that has a payout policy.

What If My Employer Retaliates Against Me for Using Sick Leave?

Retaliation for exercising HFWA rights is a violation subject to CDLE enforcement. Prohibited retaliatory actions include: demotion, reduction in hours, termination, threat of termination, negative performance review connected to sick leave use, or any other adverse action connected to HFWA leave.

Employees who experience retaliation should:

1. Document all adverse actions and their connection to sick leave use
2. File a complaint with the CDLE at cdle.colorado.gov/paid-leave
3. The statute of limitations for HFWA retaliation claims is two years from the date of the violation

The information in this article is provided for educational purposes and does not constitute legal advice. Consult a licensed Colorado employment attorney for guidance on your specific situation.

Does Colorado Have Special Sick Leave for Public Health Emergencies?

Yes. In addition to standard accrued sick leave, the HFWA includes a Public Health Emergency Leave (PHEL) provision that activates when a federal, state, or local authority declares a public health emergency. During an active PHEL declaration, employers must provide additional paid leave of up to 80 hours (for full-time employees) or a prorated equivalent for part-time workers. This additional leave supplements the employee's standard 48-hour accrual — it does not replace it.

PHEL can be used for: experiencing symptoms of a communicable illness, self-isolating per health authority guidance, seeking diagnosis or treatment, caring for a family member under quarantine, or responding to school or childcare closures caused by the public health emergency. When the emergency declaration expires, PHEL deactivates. Unused PHEL hours are not carried over or paid out.