Colorado Paid Sick Leave Laws

Various states, cities, and municipalities have enacted legislation requiring employers to provide paid time off (PTO) for employees to use when they are sick. Learn more about this type of leave, called paid sick leave, and what’s required in the state of Colorado.

What is Paid Sick Leave?

Paid sick leave is a benefit that allows employees to take time off from work due to illness, injury, or other health-related issues without foregoing pay. The purpose of paid sick leave is to ensure that employees can recover from illness without the financial pressure of losing income. It also helps prevent the spread of contagious diseases in the workplace by encouraging sick employees to stay home.

There are no federal laws in place that mandate the provision of paid sick leave. The Family and Medical Leave Act (FMLA) allows qualified employees to take unpaid leave for certain health conditions.

The Families First Coronavirus Response Act (FFCRA) enacted temporary requirements for certain employers, granting up to two weeks of paid sick leave to employees who couldn’t work due to COVID-19 (diagnosis, symptoms, required quarantine, etc.) However, this legislation expired at the end of 2020.

Does Colorado Have Paid Sick Leave Laws That Differ from Federal Paid Sick Leave Laws?

Under the Healthy Families and Workplace Act (HFWA), many employees in Colorado are eligible to accrue paid sick leave and use it to care for themselves or certain family members when ill, injured, or otherwise in need of medical care.

Employers must provide 1 hour of accrued paid sick leave for every 30 hours worked, up to 48 hours per year. It was enacted in the state in 2021 and has been modified several times. The most recent change occurred on August 7, 2024, adding three new events that allow employees to use accrued sick leave:

• Attending the funeral of or grieving after the death of a family member
• Evacuating the residence due to loss of water or power, or inclement weather
• Caring for a family member whose place of care or school is closed due to inclement weather

Are There Requirements to be Eligible for Paid Sick Leave in Colorado?

While the law was originally passed for employers with 16 or more employees, it now is a requirement for all employers in the state. Most employees are eligible, with some exceptions (such as the terms of a collective bargaining agreement).

Under state law, an employee must begin accruing paid sick leave upon beginning employment.

Is There a Minimum Amount of Paid Sick Time Required in Colorado?

The minimum amount of paid sick time required in Colorado is 1 hour for every 30 hours worked. The maximum is 48 hours.

What Can PSL be Used for in Colorado?

Paid sick leave may be used for the following reasons:

• To treat an employee’s physical or mental illness, health condition, or injury
• To obtain a medical diagnosis, care for, or treatment of an illness or health condition
• To care for a family member with a physical or mental health condition

Additionally, employees are allowed to use paid sick leave after experiencing domestic abuse, sexual assault/harassment and needing to be absent from work for purposes that relate to the crime. If the place of business and/or an employee’s child’s school or place of care is closed due to a public health emergency, PSL may also be used to cover the necessary absence.

Is Paid Sick Leave Required to be Carried Over Each Year in Colorado?

Yes, the law states that employees must also be able to carry over 48 hours of paid sick leave for use in the following year.

Is Paid Sick Leave (PSL) Different from Paid Time Off (PTO) in Colorado?

Yes. Paid time off (PTO) is a benefit that employers may choose to offer, while paid sick leave is a requirement of all employers.

Common Colorado Paid Sick Leave Laws FAQs

How much paid sick leave am I entitled to take and be paid for in Colorado?

You are entitled to accrue 1 hour of paid sick leave for every 30 hours you work. You can accrue up to 48 hours in a year, and carry over up to 48 hours for use in the following year.

Does paid sick leave apply to all employees who work in Colorado?

Generally, yes. The terms of a collective bargaining agreement differ from the law around paid sick leave in the state. Additionally, certain domestic workers, federal employees, and railroad workers may be exempt from this requirement.

Which employees are exempt or partially exempt from the paid sick leave law in Colorado?

Some of the categories of employees that may be exempt from the paid sick leave law in Colorado include:

• Railroad workers
• Federal employees
• Domestic workers (caregivers, nannies, etc.)
• Employees covered under a collective bargaining agreement
• Independent contractors are also not covered under the state’s PSL law.

Do I have to notify my employer before taking sick leave in Colorado?

The requirement to notify an employer before taking sick leave is based on company policy.

Can I be disciplined for taking a sick day or using paid sick leave in Colorado?

The Healthy Families and Workplaces Act restricts employers from retaliating against employees who use their paid sick leave. However, employees must comply with company policy around notifying their employer and providing any required documentation to maintain protection. Employees who misuse their paid sick leave or violate company policies may be subject to disciplinary action.

WorkforceHub, a time and labor platform, can help your company manage any requirements associated with accruals. Learn more and try it for free today.

Colorado Department of Labor and Employment

Colorado Healthy Families and Workplaces Act