Understanding the Colorado Sick Leave Law: Your Guide to the Healthy Families and Workplaces Act

Colorado has made strides in supporting workers’ rights, and one of the standout pieces of legislation is the Colorado sick leave law under the Healthy Families and Workplaces Act (HFWA). Signed into law on July 14, 2020, by Governor Jared Polis via Senate Bill 20-205, this act ensures that employees across the state have access to paid sick leave. Whether you’re an employee wondering about your rights or an employer aiming to stay compliant, this guide breaks down everything you need to know about the Colorado sick leave law—from accrual rates to usage rules and recent updates.

What Is the Colorado Sick Leave Law?

The HFWA mandates that all employers in Colorado—regardless of size—provide paid sick leave to their employees. This law, which fully applied to all employers as of January 1, 2022, aims to protect workers by allowing them time off for health and safety needs without losing pay. It’s a game-changer in a state where rugged individualism often meets unpredictable mountain weather and health challenges.

Key Dates

• July 14, 2020: HFWA signed into law.
• January 1, 2021: Took effect for employers with 16+ employees.
• January 1, 2022: Expanded to all employers, no exceptions.
• August 7, 2023: Added new reasons for using sick leave.

How Does Sick Leave Accrue Under the HFWA?

Under the Colorado sick leave law, employees earn paid sick leave at a rate of 1 hour for every 30 hours worked, up to a maximum of 48 hours per year. Here’s how it works:

• Immediate Accrual: Employees start earning sick leave from their first day of work.
• Usage as Earned: You can use sick leave as soon as it accrues—no waiting period.
• Carryover: Up to 48 hours of unused sick leave can roll over to the next year, but the annual cap remains 48 hours unless your employer offers more.
• Frontloading Option: Employers can skip accrual and grant the full 48 hours at the start of the year, simplifying tracking.

For example, if you work 40 hours a week, you’d earn about 1.33 hours of sick leave weekly, hitting the 48-hour cap in roughly 36 weeks. Part-time workers accrue proportionally—20 hours a week nets you 0.67 hours of sick leave per week.

Who’s Covered by the Colorado Sick Leave Law?

The HFWA is broad-reaching:

• Employees: Full-time, part-time, temporary, and seasonal workers in Colorado are covered. Remote workers based in Colorado qualify too, even if the employer is out of state.
• Employers: All private employers, regardless of size or industry, must comply. Public employers (state and local governments) are also included unless they opt out under specific conditions.
• Exclusions: Federal employees and certain railroad workers under federal law are exempt. Independent contractors don’t qualify either.

When Can You Use Sick Leave?

The Colorado sick leave law allows employees to take paid time off for a wide range of health and safety-related reasons. As of August 7, 2023, the list has expanded to include:

Core Reasons (Since 2021)

1. Personal Health: Mental or physical illness, injury, or health condition preventing work; seeking diagnosis, treatment, or preventive care (e.g., flu shots).
2. Family Care: Caring for a family member with a health issue or needing medical attention.
3. Domestic Violence or Harassment: Time off for medical, legal, or relocation needs due to domestic abuse, sexual assault, or harassment (for yourself or a family member).
4. Public Health Emergency Closures: When a public official closes your workplace or your child’s school/daycare.

New Reasons (Added August 7, 2023)

5. Bereavement: Grieving, attending a funeral/memorial, or handling financial/legal matters after a family member’s death.
6. Inclement Weather Closures: Caring for a family member whose school or care facility closes due to weather, power loss, or similar events.
7. Evacuation: Leaving your home due to weather, utility failure, or other emergencies.

“Family member” is broadly defined, covering spouses, kids, parents, siblings, grandparents, grandkids, in-laws, and even “chosen family”—anyone with a significant personal bond, no legal tie required.

Pay and Protections

• Full Pay: Sick leave must be paid at your regular rate, including benefits you’d earn while working.
• No Retaliation: Employers can’t punish you (e.g., fire, demote, or dock points) for using sick leave.
• Confidentiality: Your health or safety details stay private unless you authorize disclosure.

Employer Responsibilities

Running a business in Colorado? Here’s what the Colorado sick leave law expects:

1. Provide Leave: Offer at least the minimum 1:30 accrual rate or frontload 48 hours annually.
2. Notify Employees: Share a written policy and display a poster from the Colorado Department of Labor and Employment (CDLE). An updated poster reflecting the 2023 changes is available on the CDLE website.
3. Track Usage: Keep records of hours worked and sick leave accrued/used for at least 4 years.
4. No Payout Required: Unused sick leave doesn’t need to be cashed out at termination, but if rehired within 6 months, prior accrued hours must be reinstated.

Employers with existing PTO policies can comply if they meet or exceed HFWA standards—48 hours available for the same reasons, at the same pay rate.

Public Health Emergency Leave (PHEL): A Bonus Layer

During a declared public health emergency (e.g., COVID-19), the HFWA adds supplemental PHEL:

• Amount: Up to 80 hours for full-time workers (40+ hours/week) or two weeks’ worth for part-timers, based on average hours.
• Usage: Covers testing, quarantine, caregiving, or vaccination related to the emergency.
• Expiration: PHEL lasts until 4 weeks after the emergency ends. For COVID-19, this expired on June 8, 2023, but unused accrued leave remains usable.

Unlike regular sick leave, PHEL is a one-time grant per emergency—no annual reset.

Documentation Rules

• Short Absences: No doctor’s note is needed for less than 4 consecutive days.
• Longer Absences: Employers can request documentation (e.g., a provider’s note or your written statement) for 4+ days, but only after you return.
• No Details Required: You don’t have to disclose specific health conditions—just confirm the absence qualifies.

How It Differs from FAMLI

Don’t confuse HFWA with Colorado’s Family and Medical Leave Insurance (FAMLI) program, which started benefits on January 1, 2024:

• HFWA: Employer-funded, full pay, up to 48 hours/year for short-term needs.
• FAMLI: State insurance, partial pay (up to 90% for low earners), up to 12-16 weeks for serious conditions or bonding.

You can’t double-dip for the same hours, but HFWA leave can supplement FAMLI if agreed with your employer.

Why It Matters

The Colorado sick leave law reflects a shift toward worker well-being. It ensures you don’t have to choose between a paycheck and recovering from the flu, grieving a loss, or fleeing a wildfire. For employers, it’s a compliance must—but also a chance to build a healthier, loyal workforce.

Tips for Employees

• Know Your Rights: Check your employer’s policy and the CDLE’s HFWA page.
• Plan Ahead: Give notice for foreseeable leave (e.g., doctor’s appointments) when possible.
• File a Complaint: If denied leave, contact the CDLE’s Division of Labor Standards and Statistics at 303-318-8441 or online.

Tips for Employers

• Update Policies: Reflect the 2023 expansions in your handbook and posters.
• Train HR: Ensure staff understand accrual, usage, and non-retaliation rules.
• Use Tools: Software like WorkforceHub can track accruals effortlessly.

Stay Informed

The Colorado sick leave law is a living statute—updates like the 2023 expansion show it evolves with workers’ needs. Visit cdle.colorado.gov for the latest rules, posters, and FAQs. Have a question? Drop it in the comments—I’ll help you navigate this Rocky Mountain regulation!