10 Key Questions About Leave Laws in Colorado

August 4th 2025

Understanding leave benefits under Colorado labor laws can be nuanced for employers and employees in the state. Compliance with these regulations is crucial to promote fair workplace practices and ensure employee well-being.

This article addresses 10 key questions about leave laws in Colorado, including employee eligibility, the benefits available, leave duration, leave accrual and carry-over, and penalties for violations of leave laws.

This Guide Covers

1. What are the leave laws in Colorado?

Colorado adheres to three key leave laws that provide employees with time off for personal and family health needs. 

These include the federal Family and Medical Leave Act (FMLA), which offers eligible employees unpaid, job-protected leave for qualifying family and medical reasons, and the state-level Family and Medical Leave Insurance (FAMLI) program, which entitles employees to paid leave to care for themselves and their families.

In addition, Colorado’s Healthy Families and Workplaces Act (HFWA) allows employees to accrue paid sick leave for health and safety reasons. Colorado law also provides employees with leave for jury duty, voting, and military service.

2. What are the different types of leave available in Colorado?

Colorado employees receive different types of leave based on their employment type and employer policy, including:

  • Family and Medical Leave: Under the federal Family and Medical Leave Act (FMLA), Colorado employers with 50 or more employees must provide eligible employees up to 12 workweeks of unpaid, job-protected leave in a 12-month period. An employee can use this leave for childbirth and newborn care, adoption or foster care placement, caring for a seriously ill family member, the employee’s own serious health condition, or urgent needs arising from a family member’s military duty. Additionally, the FMLA also allows employees to take up to 26 workweeks of military caregiver leave in a 12-month period to care for a covered servicemember who is seriously ill or injured.
  • FAMLI Leave: Colorado’s Family and Medical Leave Insurance (FAMLI) program gives eligible workers up to 12 weeks of paid leave each year to care for a new child, deal with their own or a family member’s serious health condition, prepare for a family member’s military deployment, or address issues related to domestic violence or sexual assault. Employees with pregnancy or childbirth complications may receive up to 16 weeks of paid leave. To be eligible for paid leave under FAMLI, an employee working in Colorado must have earned at least $2,500 over the last five completed calendar quarters. The leave benefit amount varies based on the employee’s average weekly wage, with lower-income employees receiving a higher percentage (up to 90% of their average weekly wages). The maximum weekly benefit payment employees can receive is $1,324, as of January 1, 2025. The FAMLI program is funded by premiums worth 0.9% of an employee’s wages, typically split equally between employers and employees. Employers may choose to cover the full premium amount as well, and to receive job protection during their FAMLI leave, employees must have been with their current employer for at least 180 days before the leave.
  • Paid Sick Leave: Under Colorado’s Healthy Families and Workplaces Act (HFWA), all employers — regardless of size, industry, or location — must provide paid sick leave to all employees in Colorado. Sick leave is accrued at the rate of one hour for every 30 hours worked, with a maximum of 48 hours accrued per year. This leave can be used to care for a family member’s or the employee’s own illness, injury, medical needs (including preventive care and vaccinations), or needs related to domestic abuse, sexual assault, or criminal harassment. Employees can also use this leave for bereavement or issues related to legal and financial matters after a family member’s death, or unexpected events like extreme weather or utility outages that require evacuation or childcare. Employees are entitled to take this leave with full pay, without any discrimination or retaliation.
  • Paid Family Medical Leave (PFML): Colorado’s Paid Family and Medical Leave (PFML) program provides eligible state employees with up to 160 hours of paid leave in a 12-month period, when they qualify for unpaid, job-protected leave under the federal Family and Medical Leave Act (FMLA). This includes leave for serious health conditions, childbirth or adoption, caring for a qualified family member, or military-related caregiving or deployment. PFML can also be used for safe leave when an employee or their family member is a victim of domestic violence, sexual assault, stalking, or related crimes. To be eligible, an employee must have worked for the State of Colorado for at least 12 months.
  • Jury Duty Leave: In Colorado, regular employees — including part-time, temporary, and casual workers who have worked a consistent schedule over the past three months — are entitled to job-protected jury duty leave. Employers must pay these employees no more than $50 per day in regular wages for the first three days of jury service, unless a higher amount is mutually agreed upon. Employees in Colorado can only take paid leave to attend jury duty; employers are not obligated to pay employees for involvement in other legal matters, such as serving as a witness or being a party in a case.
  • Military Leave: Colorado law entitles both public and private employees to receive job-protected leave for military duties. Public employees who are members of the Colorado National Guard or other state military forces are entitled to take up to three weeks of unpaid leave each year for training or active state military service. Private-sector employees in Colorado who are members of the Colorado National Guard or U.S. military reserve forces are also entitled to take up to three weeks of unpaid leave each year for military training. However, both public and private sector employees can choose to use any accrued paid leave for this duration.
  • Voting Leave: Colorado employees may take a two-hour paid leave to vote on election day, register to vote, or obtain necessary voting documents. For general, primary, or coordinated elections, employees can take this leave on any day polling places are open. For all other elections, voting leave can be used on any day during the eight days leading up to and including election day. However, employers in Colorado can deny voting leave if the employee has a three-hour window available during scheduled work time for voting and related tasks.

Learn more about Colorado’s leave laws.

3. How long is a leave of absence in Colorado?

The length of a leave of absence in Colorado depends on the type of leave:

  • FMLA Leave: Up to 12 workweeks of unpaid, job-protected FMLA leave in a 12-month period for specified family and medical reasons and up to 26 workweeks of military caregiver leave in a 12-month period.
  • FAMLI Leave: Up to 12 weeks of paid leave per year to care for themselves or their families. An additional four weeks of leave (a total of 16 weeks) per year for an employee with pregnancy or childbirth-related complications.
  • Paid Sick Leave: One hour of paid sick leave accrued for every 30 hours worked, with up to 48 hours of leave per year.
  • Paid Family Medical Leave (PFML): Up to 160 hours of paid leave in a 12-month period for qualifying reasons under the FMLA; only applicable to eligible state employees.
  • Jury Duty Leave: Paid leave for up to the first three days of jury service. Unpaid leave for the remaining duration of jury service.
  • Military Leave: Up to three weeks of unpaid leave each year for military training or active duty. Employees can also use any unused accrued paid leave. 
  • Voting Leave: Two hours on any day when polls are open for general, primary, or coordinated elections. During other types of elections, two hours on any day during an eight-day window before and including election day.

4. Are part-time employees entitled to leave in Colorado?

Yes, part-time employees in Colorado are entitled to leave under certain laws.

For example, the HFWA requires all employers to provide all employees, including part-time and temporary employees, with up to 48 hours of paid leave per year. Employees can accrue this leave at the rate of one hour for every 30 hours worked, and they can use it for various health and safety reasons.

Colorado’s Paid Family Medical Leave program (PFML) also provides permanent part-time state employees with paid leave for qualifying reasons under the FMLA, which otherwise provides unpaid leave. While eligible full-time state employees get up to 160 hours of this leave, eligible part-time state employees are entitled to paid leave under PFML on a pro-rated basis.

5. Do employees get paid while on leave in Colorado?

Yes, employees in Colorado get paid while on certain types of leave, such as paid sick leave under the Healthy Families and Workplaces Act (HFWA).

Under this law, Colorado employees earn one hour of paid sick leave for every 30 hours worked, with up to a maximum of 48 hours accrued per year.

When using this leave, employees get paid at their regular hourly rate, excluding overtime, bonuses, or holiday pay. Employees paid on commission receive at least the applicable minimum wage, and those earning both wages and commission are paid either their base wage or the applicable minimum wage (whichever is higher) during their paid sick leave.

While on FAMLI leave, eligible employees in Colorado can receive up to 90% of their average weekly wage, capped at $1,324 per week, as income replacement. The exact amount depends on how an employee’s wage compares to the state’s average wage.

All employees in Colorado can also receive two hours of paid voting leave.

6. What happens to employee benefits while they’re on leave in Colorado?

In Colorado, while an employee is on FMLA or FAMLI leave, the employer must continue to maintain the employee’s health insurance benefits. However, the employee is still responsible for paying their share of the premium costs.

Employees also continue to receive health care as well as any usual benefits provided by the employer while they are on paid sick leave under Colorado’s HFWA.

7. Can unused leave be carried over to the next year in Colorado?

Yes, under Colorado’s HFWA, employees may carry over any unused paid sick leave to the next year; however, an employee cannot accrue more than 48 hours of leave per year.

Unused FAMLI leave in Colorado cannot be banked or carried over to the next year. FAMLI leave limit resets at the beginning of each year.

Similarly, unused military caregiver leave under the FMLA cannot be carried over after the 12-month period of leave. The remaining workweeks of leave out of the 26 entitled workweeks of leave will be forfeited.

8. Can employees be fired while on leave in Colorado?

Yes, employees can be fired while on leave in Colorado, as it is an “at-will” employment state 一 which means an employer can fire their employee at any time, for any reason, as long as the reason is not illegal.

Note that most leave benefits in Colorado are legally job-protected, i.e., the employee has the right to return to work with the same pay, position, and benefits as before the leave, including:

  • FMLA leave
  • FAMLI leave
  • Military leave
  • Voting leave
  • Jury duty leave
  • Paid sick leave under the HFWA

Employers are prohibited by law from retaliating against employees who take these leaves. However, an employer can still terminate an employee on leave if the reason for termination is not related to the protected leave. 

Read more about firing employees in Colorado.

9. Can Colorado employees quit their jobs while on leave?

Yes. As Colorado is an “at-will” employment state, an employee can quit their job at any time, for any or no reason, with or without giving notice to their employer. This includes instances while an employee is on leave.

However, state employees in Colorado are required by law to give at least ten working days’ notice when resigning from their position to their appointing authority. An employee who fails to do so may face delays in their leave payouts and forfeit their privilege to be reinstated.

10. What can you do if your leave rights get violated in Colorado?

If an employee’s FAMLI leave rights are violated in Colorado, they can file a complaint with the Colorado FAMLI Division’s Job Protection and Retaliation Investigations Unit. 

This includes — but is not limited to — situations where the employer interferes with the employee’s FAMLI benefits, doesn’t reinstate the employee after leave, or retaliates against the employee for taking leave. Employers found at fault may be required to pay damages and reinstate the employee.

For paid sick leave violations under the Healthy Families and Workplaces Act, Colorado employers may incur a civil fine of up to $100 per violation. These employers may also be required to provide backpay or other relief to employees.

Important Cautionary Note

This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.