10 Key Questions About Leave Laws in Colorado

May 2nd 2025

Understanding employee leave laws in Colorado involves navigating a landscape shaped by both federal mandates and state-specific regulations. The state provides multiple employee leave benefits to foster a better work-life balance in the workplace.
For both employers and employees, grasping the nuances of these laws is crucial for compliance and ensuring access to deserved time off. This article addresses 10 key questions about leave laws in Colorado to help clarify the state’s leave requirements, eligibility criteria, and benefits.

This Guide Covers

1. What are the leave laws in Colorado?

Colorado has specific leave laws, including paid sick leave, FAMLI leave, jury duty leave, and public health emergency (PHE) leave. According to the federal Family and Medical Leave Act (FMLA), employees also receive job-protected leave for qualifying family and medical reasons.

Explore the leave laws in Colorado in detail.

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:

  • Sick Leave: Colorado’s Healthy Families and Workplaces Act (HFWA) requires all employers in the state to provide one hour of paid sick leave for every 30 hours worked. Employees can use this leave for their own illness, a family member’s illness, preventive care, or needs related to domestic abuse.
  • Public Health Emergency (PHE) Leave: During a public health emergency, such as COVID-19, employees in Colorado are entitled to additional paid leave under HFWA to ensure they can take up to two weeks (80 hours if full-time, less if part-time) off for inability to work, testing, quarantining, and caring for family in such situations.
  • Family and Medical Leave: Employees receive up to 12 workweeks of unpaid, job-protected, federal FMLA leave for childbirth, their own sickness, or to care for a family member. Colorado also runs a paid Family and Medical Leave Insurance (FAMLI) program, which requires employers to grant employees paid leave to bond with a new child, care for a family member with a serious illness, or for their own illness.
  • Jury Duty Leave: Employers must allow employees to take time off for jury duty. Colorado law dictates that employees should get regular wages while on jury duty, which may not exceed 50 dollars per day, if not mutually agreed upon between the employee and employer via a work contract.
  • Small Necessities Leave: Employees who are parents or legal guardians of children in grades K-12 receive up to six hours of unpaid leave in a month to attend school-related events. They can take up to a total of 18 hours of leave during any school year.
  • Military Leave: The Uniformed Services Employment and Reemployment Rights Act (USERRA) requires employers to allow job-protected leave to military personnel on duty. Colorado also has laws that grant employees up to three weeks of annual leave for active military service or training purposes.
  • Voting Leave: Colorado law requires employers to allow employees two hours of time off when the polls are open to vote without any reduction in salary or wages. They cannot fire employees to vote.

Private sector employers in Colorado may also offer other types of leave, such as vacation leave, bereavement leave, or personal time off, but these are typically determined by employer policies and not by law.

Explore all key Colorado labor laws to understand your rights better regarding leave accrual, minimum wages, and more.

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:

  • Paid Sick Leave: One hour of paid sick leave per 30 hours worked, up to 48 hours of leave per year
  • Public Health Emergency (PHE) Leave: For up to two weeks (80 hours if full-time, less if part-time) during an emergency situation like COVID-19
  • FMLA Leave: Up to 12 workweeks of unpaid, job-protected FMLA leave or up to 26 workweeks of military caregiver leave
  • FAMLI Leave: Up to 12 weeks of paid leave per year. Those with pregnancy or childbirth complications may receive an additional four weeks’ leave, which makes it a total of 16 weeks of FAMLI leave per year.
  • Jury Duty Leave: For the duration of jury duty
  • Military Leave: Up to three weeks of state-provided, unpaid annual leave for training or active military service, and USERRA supports unlimited unpaid military leave days, extending as much as the duration of service
  • Voting Leave: For up to two hours of paid time off to vote during elections

4. What are the paid sick leave eligibility criteria in Colorado?

All employers in Colorado with 16 or more employees need to give one hour of paid sick leave to their employees for every 30 hours worked. An employee can accumulate up to 48 hours of leave in a year, and they can even carry over unused leave to the next year.
On announcement of a public health emergency, employees may be granted additional paid leave.

5. What are the eligibility criteria for FAMLI leave in Colorado?

In Colorado, to be eligible for paid FAMLI (Family & Medical Leave Insurance) leave, employees must have earned at least $2,500 in wages within a year. Additionally, they need to be employed with their current employer for at least 180 days before the start of their paid FAMLI leave to qualify for job protection.

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 their share of the premium costs.

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

Yes, in Colorado, unused paid sick leave under HFWA can be carried over to the next year, but an employee can only use up to 48 hours of paid sick leave in a year.
However, Colorado employees cannot bank and carry over unused FAMLI leave to the next year. Your leave balance will reset the following day from one year from its beginning, and a new benefit year will begin whenever you begin a new FAMLI leave limit.

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

Yes, part-time employees in Colorado are entitled to leave, including paid sick leave covered by Colorado’s Healthy Families and Workplaces Act (HFWA). The amount of leave may be proportional to the number of hours worked, as employees earn one hour of leave for every 30 hours worked.
Part-time employees may also receive other types of leave, like FMLA, jury duty, and military leave, depending on their specific circumstances and employer policies.

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

Yes, in general. Colorado is an “at-will” employment state, meaning employers can fire an employee at any time, for any lawful reason. But there are exceptions as certain laws protect employees from being fired for taking specific types of leave, such as FMLA leave, FAMLI leave, jury duty, military, voting, or paid sick leave.

Read more about firing employees in Colorado.

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

Yes, employees can quit their job while on leave in Colorado, as it is an “at-will” employment state. State employees must give at least ten working days’ notice when resigning from their position to their appointing authority.

Important Cautionary Note

This content is 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 must independently verify any critical information and should not solely rely on the content provided.