Colorado Sick Leave Law, FMLA, and FAMLI FAQs
Does Colorado have paid sick leave?
Yes. Colorado requires most employers to provide paid sick leave under the Healthy Families and Workplaces Act (HFWA). Employees earn at least 1 hour of paid sick leave for every 30 hours worked, up to 48 hours per year. During a declared public health emergency, employers must also provide additional paid leave beyond regular accrual.
What are the four qualifying types of reasons to obtain FMLA leave?
Under the federal Family and Medical Leave Act (FMLA), eligible employees may take job-protected leave for four main reasons:
A serious health condition that prevents the employee from working
Caring for an immediate family member (spouse, child, or parent) with a serious health condition
Bonding with a new child (birth, adoption, or foster placement)
Military-related reasons, including qualifying exigencies or caring for a covered service member
FMLA provides up to 12 weeks of unpaid, job-protected leave (26 weeks for military caregiver leave).
Do employers in Colorado have to give paid leave?
It depends on the type of leave:
Paid sick leave is required for most Colorado employers under HFWA
FMLA leave is unpaid under federal law
Colorado FAMLI leave is paid, funded through employer and employee payroll contributions
Employers may also offer additional paid time off (PTO) voluntarily, but it is not required beyond state-mandated programs.
What happens if you quit a job but still have PTO in Colorado?
In Colorado, unused PTO must be paid out when an employee leaves a job if the employer’s policy promises payout. Employers cannot enforce a “use-it-or-lose-it” policy for earned PTO. However, employers can limit how much PTO employees earn or clearly state payout terms in their written policy.
What is the difference between medical leave and FMLA?
Medical leave is a general term for time off due to health reasons and may be paid or unpaid depending on the policy or program. FMLA is a specific federal law that provides job-protected, unpaid leave for qualifying medical and family reasons. Not all medical leave is FMLA, but FMLA leave is always legally protected if eligibility requirements are met.
What employees are not eligible for FMLA?
Employees are not eligible for FMLA if they:
Work for an employer with fewer than 50 employees within a 75-mile radius
Have worked for the employer less than 12 months
Have worked fewer than 1,250 hours in the previous 12 months
What are the two types of FMLA leave?
The two primary types of FMLA leave are:
Continuous leave (taken all at once)
Intermittent or reduced-schedule leave (taken in separate blocks of time or reduced hours)
Can an employer say no to FMLA?
An employer cannot deny FMLA if the employee is eligible and the reason qualifies under the law. Employers may deny FMLA only if eligibility or documentation requirements are not met.
How does Colorado FAMLI leave work?
Colorado’s Family and Medical Leave Insurance (FAMLI) program provides paid leave for qualifying family and medical reasons. Eligible workers apply through the state FAMLI Division, not their employer. Benefits are funded by payroll contributions and provide partial wage replacement during approved leave.
How does paid sick leave work in Colorado?
Under Colorado’s Healthy Families and Workplaces Act (HFWA):
Employees earn 1 hour of paid sick leave for every 30 hours worked
Up to 48 hours per year
Sick leave can be used for illness, medical care, family care, domestic violence issues, or public health emergencies
Does Colorado FAMLI run concurrently with FMLA?
Yes. FAMLI and FMLA can run concurrently if the reason for leave qualifies under both laws. This allows time off to count toward both programs at the same time.
How long does it take Colorado FAMLI to process?
Processing times vary, but FAMLI claims typically take several weeks after submitting a complete application with required documentation. Delays may occur during high-volume periods or if information is missing.
How much does Colorado FAMLI leave pay?
FAMLI pays up to 90% of a worker’s average weekly wage for lower-income earners, with a weekly maximum benefit cap set by the state and adjusted annually.
Can an employer deny sick time in Colorado?
No. Employers cannot deny earned sick leave if it is used for a qualifying reason under HFWA. Retaliation for using sick leave is prohibited.
How does sick leave payout work?
Colorado law does not require sick leave to be paid out when employment ends unless the employer’s policy treats sick leave as PTO that is payable upon separation.
Who pays for FAMLI in Colorado?
FAMLI is funded through payroll premiums shared by employers and employees, although small employers may be exempt from paying the employer portion.
Do you accrue PTO while on FMLA?
Employers are not required to allow PTO accrual during unpaid FMLA leave, unless their policy allows accrual during other unpaid leaves.
Do you pay taxes on FAMLI leave in Colorado?
Yes. FAMLI benefits are considered taxable income at the federal level. State tax treatment depends on current Colorado tax rules and individual circumstances.
Does FAMLI cover mental health?
Yes. Mental health conditions qualify under FAMLI if they meet the definition of a serious health condition and are supported by appropriate medical documentation.
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