Colorado sick leave laws give workers some of the strongest medical leave protections in the country. Between the Healthy Families and Workplaces Act (HFWA), the new Family and Medical Leave Insurance program (FAMLI), and the federal FMLA, most employees have multiple layers of protection when they need time off for health reasons.
Paid Sick Leave Under the Healthy Families and Workplaces Act (HFWA)
Every Colorado employer, regardless of size, must provide paid sick leave. You accrue one hour of paid sick leave for every 30 hours worked, up to at least 48 hours per year. There is no waiting period: coverage begins on your first day of employment.
You can use HFWA leave for a wide range of situations, not just your own illness. Qualifying reasons include mental or physical illness, injury, or a health condition that prevents you from working; preventive care, including vaccinations; care for a family member who is ill; situations involving domestic abuse, sexual assault, or criminal harassment, whether for medical attention, mental health counseling, legal services, or relocation; bereavement and funeral attendance for a family member; closures due to public health emergencies, inclement weather, power or water loss, or unexpected evacuation of your home.
Critically, your employer cannot count HFWA leave as an absence that leads to discipline. If your employer has an attendance policy that penalizes absences, sick leave taken under HFWA must be excluded from that count. Retaliation for requesting or using HFWA leave is illegal, and protection extends even to good-faith complaints that turn out to be mistaken.
Colorado Family and Medical Leave Insurance (FAMLI)
Effective January 1, 2024, Colorado’s FAMLI program provides up to 12 weeks of paid leave per year, funded through a shared payroll premium between employers and employees. To be eligible, you must have earned at least $2,500 in wages from Colorado employment during a prior qualifying period, and you need 180 days of employment for job protection.
FAMLI leave covers bonding with a new child (including adoption and foster placement), your own serious health condition, caring for a family member with a serious health condition, needs related to a family member’s military deployment, and safety needs arising from domestic violence or sexual assault. If you experience complications from pregnancy or childbirth, you may qualify for an additional four weeks, bringing your total to 16 weeks.
Benefits are calculated on a sliding scale based on your average weekly wage compared to the statewide average. When your leave ends, you have the right to return to the same or an equivalent position with equivalent pay and benefits. Interference with FAMLI leave, failure to reinstate you, or any form of discipline or retaliation connected to FAMLI is prohibited.
Federal Family and Medical Leave Act (FMLA)
The FMLA provides up to 12 weeks of unpaid, job-protected leave per year for employees at companies with 50 or more employees within a 75-mile radius. You must have worked for the employer for at least 12 months (which do not need to be consecutive) and have logged at least 1,250 hours during the previous 12 months.
FMLA leave covers the birth or adoption of a child, a serious health condition affecting you or an immediate family member, and certain needs related to military service, including up to 26 weeks for military caregiver leave. During FMLA leave, your employer must maintain your health insurance on the same terms as if you were still working.
Pregnancy Accommodations
If you are pregnant or in a childbearing capacity, you are entitled to reasonable accommodations in the workplace separate from disability leave. This can include modified duties, additional breaks, schedule changes, or temporary reassignment. Obtain medical documentation early and request accommodations in writing. Your employer is required to engage in an interactive process to determine what accommodations are feasible.
What to Do If Your Colorado Sick Leave Rights Are Violated
If your employer denies you leave you are entitled to, retaliates against you for taking leave, or fails to reinstate you afterward, you may have legal claims under one or more of these laws. Document everything: save emails, note conversations with dates and the names of those involved, and keep copies of any policies your employer provides.
Need help with a medical leave issue? Call us at 303.593.2595 or contact us online for a consultation.