Colorado law guarantees nearly every employee paid sick leave under the Healthy Families and Workplaces Act (HFWA). You earn one hour of paid sick leave for every 30 hours you work, and your employer must let you accrue and use up to 48 hours per year. This applies to virtually all private employers in Colorado regardless of size, and the right has covered employers of every size since January 1, 2022. Unlike the federal government, which has no general paid-sick-leave law for private workers, Colorado makes this benefit mandatory and paid at your regular rate of pay.
What Colorado's Healthy Families and Workplaces Act Requires
The HFWA is the controlling law. It requires covered employers to provide accrued paid sick leave to employees who work in Colorado. The core terms are statutory and well-established:
Accrual rate: 1 hour of paid leave for every 30 hours worked.
Annual cap: Employers must allow accrual and use of at least 48 hours (six 8-hour days) of paid sick leave per year.
Carryover: Unused leave carries over to the following year, but employers can cap the total accrued bank at 48 hours.
Pay rate: Paid sick leave is paid at your same hourly rate and with the same benefits you normally receive, and it can never be less than the applicable minimum wage.
Leave begins accruing on your first day of employment, and you can begin using it as soon as it accrues. Employers are not required to pay out unused, accrued sick leave when you leave the job, which is one way it differs from how vacation is sometimes treated in Colorado.
Who Is Covered
Coverage is broad. The HFWA applies to essentially all employers in Colorado, including small businesses. When the law first took effect in 2021 it applied only to larger employers, but as of January 1, 2022, it covers employers of every size, down to a single employee.
Most employees are covered, including full-time, part-time, and seasonal workers. Coverage depends on the employment relationship, not the number of hours you work. Certain workers covered by specific federal railroad law and some properly classified independent contractors fall outside the law, so worker classification matters. If you are an employee on the payroll, you are almost certainly entitled to accrue paid sick leave.
What You Can Use Sick Leave For
Colorado allows you to use HFWA paid sick leave for a wide range of reasons, not just your own illness. Permitted uses include:
Your own mental or physical illness, injury, or health condition, including getting a diagnosis, care, or preventive care.
Caring for a family member who has an illness, injury, or condition, or who needs a diagnosis, care, or preventive care.
Needs related to being a victim of domestic abuse, sexual assault, or harassment (such as medical attention, counseling, legal services, or relocation).
A public health emergency that closes your workplace, your child's school, or a place of care you rely on.
"Family member" is defined broadly under the HFWA and includes not only immediate relatives but also any individual with whom you have a relationship that is the equivalent of a family relationship.
Public Health Emergency Leave
The HFWA also includes a separate public health emergency (PHE) supplement. When a public health emergency is declared, employers must provide additional paid leave on top of the 48-hour accrual bank, generally enough to bring a full-time employee up to 80 hours of available leave during the emergency. This PHE leave is only triggered by a declared emergency and is in addition to your normal accrued hours.
Notice, Documentation, and Anti-Retaliation
You should give notice of the need for leave when it is foreseeable, and follow your employer's reasonable notice procedures. For unforeseeable needs, notice as soon as practicable is enough. Employers generally cannot require documentation, such as a doctor's note, unless you are absent for four or more consecutive work days.
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The law strictly prohibits retaliation. Your employer cannot fire, demote, discipline, cut hours, or otherwise punish you for requesting or using HFWA leave, or for filing a complaint. Employers must also keep records and post or distribute a notice of your rights.
Local Ordinances in Colorado
Because the HFWA is a statewide floor, most Colorado workers rely on it directly. The City of Denver has its own separate Denver paid sick and safe time requirements that can provide additional protections beyond the state minimum for workers within Denver. Where both a local ordinance and the state law apply, you are generally entitled to whichever provision is more generous. Check with your city to see whether a local rule adds to your rights.
How It Interacts With PTO and FMLA
If your employer already offers a paid leave or PTO policy that gives you at least the same amount of paid leave, that can be usable for the same purposes and on the same terms as the HFWA, the employer does not have to provide additional separate sick leave. The key is that the existing policy must be at least as generous and must let you use the time for all HFWA-covered reasons.
The federal Family and Medical Leave Act (FMLA) is different. FMLA provides up to 12 weeks of job-protected but unpaid leave for qualifying employees of larger employers. Colorado's HFWA, by contrast, is paid but covers a smaller number of hours. The two can run at the same time: you may use HFWA paid sick leave to receive pay during part of an otherwise unpaid FMLA absence. Colorado also has a separate state program, Colorado's Paid Family and Medical Leave Insurance (FAMLI), which provides paid leave for longer family and medical needs and is distinct from HFWA sick leave.
The Federal Baseline for Comparison
There is no general federal law requiring private employers to provide paid sick leave. The federal Fair Labor Standards Act (FLSA) sets a national minimum wage of $7.25 per hour and requires overtime after 40 hours in a week, but it does not mandate paid sick days. The FMLA only guarantees unpaid leave. Colorado's HFWA therefore gives workers significantly more than federal law by guaranteeing paid time off that workers can use for illness and family care.
How to Enforce Your Rights
Colorado's paid sick leave law is enforced by the Colorado Department of Labor and Employment (CDLE), specifically its Division of Labor Standards and Statistics. If your employer denies you accrued leave, refuses to let you use it, fails to pay you correctly, or retaliates against you, you can file a complaint with the CDLE. Keep records of your hours worked, leave requests, and any communications. Because legal rules and minimum wage figures can change, confirm the current requirements directly with the CDLE before relying on a specific number, and consider consulting an employment attorney for serious disputes.
Official Colorado Sources
This page is based on Colorado employment law. Rules and figures change — verify the current details directly with the official Colorado sources below. This is general legal information, not legal advice.
Federal law and local ordinances may also apply. Federal laws like the Fair Labor Standards Act set a national floor, and your city or county may add protections (such as a higher local minimum wage or paid sick leave). Check both alongside Colorado state law.
Frequently asked questions
How much paid sick leave do I earn in Colorado?
Under the Healthy Families and Workplaces Act, you earn one hour of paid sick leave for every 30 hours worked, and your employer must let you accrue and use up to 48 hours per year. Leave is paid at your regular rate.
Does paid sick leave in Colorado apply to small businesses?
Yes. Since January 1, 2022, the HFWA covers employers of every size in Colorado, including businesses with just one employee. There is no small-employer exemption from the basic accrual requirement.
Can I use Colorado sick leave to care for a family member?
Yes. You can use HFWA paid sick leave for your own illness or care, to care for a family member, for needs related to domestic abuse or sexual assault, and during certain public health emergencies. Colorado defines family member broadly.
Does my employer have to pay out unused sick leave when I quit?
No. Colorado's HFWA does not require employers to pay out accrued, unused paid sick leave when employment ends, although your employer's own policy or other Colorado wage rules may treat some paid time off differently.
Is Colorado paid sick leave the same as FMLA?
No. The FMLA is a federal law providing up to 12 weeks of unpaid, job-protected leave. Colorado's HFWA provides paid sick leave but for fewer hours. The two can overlap, and you may use HFWA pay during FMLA leave.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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