Paid Sick Days in Colorado are Here
In the 2020 legislative session, Senators Steve Fenberg and Jeff Bridges and Former Speaker KC Becker and Representative Yadira Caraveo passed The Healthy Families and Workplaces Act to allow sick Coloradans to stay home without losing wages.
Governor Polis signed this bill into law, and it takes effect for all employees January 1, 2022. This is a big step towards helping working families stay healthy without facing financial hardship and allowing us to keep our communities safe and our businesses open.
Majority Leader Steve Fenberg
Senator Jeff Bridges
Former Speaker of the House KC Becker
Representative Yadira Caraveo
What is the Healthy Families and Workplaces Act?
Starting January 1st, 2022, the hard work of the Coloradans powering our economic recovery will be rewarded because now every employee can earn paid sick time at their job whether you are a full-time, part-time or temporary worker. Coloradans earn 1 hour of paid sick time for every 30 hours worked, and you can earn and use up to 48 hours of paid sick time per year. You can use your paid sick time as you earn or receive it. In addition, under Colorado law you may be entitled to additional paid sick time during a declared public health emergency, including for COVID-19 purposes.
When sick people go to work because they risk losing wages or even their job for staying home, everyone loses: the sick workers get sicker, they infect others on-the-job, and this illness domino effect takes a toll on businesses and consumers. By enabling employees to earn paid sick days, we’re advancing the fight against COVID-19 and the economic recovery. We’re also protecting the people who keep us fed, deliver our packages and give us lifesaving care when we need it.
Healthy Families and Workplaces Act to Provide Paid Sick Days for All Coloradans Takes Effect
Bill Sponsors, Doctors, Small Business Owners Celebrate Access to Paid Sick Days and COVID Leave on Press Call Today
CSP Press Release | Jan 6, 2022 | Read the Release
Frequently Asked Questions about Paid Sick Days
When can I start using paid sick days?
Beginning January 1, 2022, most employers must provide earned paid sick time to their employees in Colorado, regardless of business size. (In 2021, only employers with 16 or more employees were required to provide earned paid sick time to their covered Colorado employees.) You can earn and use paid sick days when you begin employment; there’s no waiting period. You can also use your earned sick time in hourly increments.
In addition, since January 1, 2021, employers of all sizes with employees in Colorado have been required to provide additional paid sick leave for COVID-19, and it will be available to use until four weeks after the end of the COVID-19 emergency declaration.
How much paid sick time can I earn?
You earn paid sick time at a rate of one hour for every 30 hours worked, up to 48 hours total (6 days)per year (though employers can offer more). During a declared public health emergency, workers will be able to utilize additional paid sick time.
For example: An employee working 150 hours per month (35 hours a week) gains just over 1 hour of sick leave every week—which totals five hours a month, and reaches the yearly maximum (48 hours) after about 9 and a half months. Full-time employees earn leave based on a 40-hour week, even if they actually work more—but hourly employees earn paid leave for each hour worked, overtime or not.
What can I use my paid sick days for?
An employer must provide paid leave for various health- and safety-related needs of their employees, such as:
- having a mental or physical illness, injury, or health condition that prevents them from working;
- needing to get preventive medical care, or to get a medical diagnosis, care, or treatment, of any mental or physical illness, injury, or health condition;
- needing to care for a family member who has a mental or physical illness, injury, or health condition, or who needs the sort of care listed in category (2);
- Qualifying “family” members are (a) immediate family (related by blood, adoption, marriage, or civil union), or (b) anyone else the employee is responsible for providing or arranging health- or safety-related care for.
- the employee or the employee’s family member having been a victim of domestic abuse, sexual assault, or criminal harassment, and needing leave for related medical attention, mental health care or other counseling, victim services (including legal services), or relocation; or
- due to a public health emergency, a public official having closed either (A) the employee’s place of business, or (B) the school or place of care of the employee’s child, requiring the employee needing to be absent from work to care for the child.
As an employer, when do I need to start offering paid sick days?
As of January 1st, 2022, all Colorado businesses, regardless of size, must enable workers to earn up to six days of annual paid sick leave starting on January 1, 2022—at a rate of 1 hour for every 30 hours worked. Your employees can earn and use paid sick days when they begin employment; there’s no waiting period. They can also use their earned sick time in hourly increments. In addition, since January 1, 2021, employers of all sizes with employees in Colorado have been required to provide additional paid sick leave for COVID-19, and it will be available to use until four weeks after the end of the COVID-19 emergency declaration.
What if I already have paid leave or paid time off?
If you already get any paid leave (vacation, paid time off, etc.) that you can use as sick time, it’s at least the same amount you would earn under this law, and it includes the same protections as sick time under this law, the law does not give you any additional paid time off. However, if your employer provides paid time off you can use as sick time, your employer must notify you in writing that their paid time off policy satisfies the requirements of Colorado’s sick time law.
What if my employer does not follow the law?
An employee denied paid leave can file a complaint with Colorado’s Division of Labor Standards & Statistics for unpaid wages up to $7,500. An employee can instead file a lawsuit in court if they prefer, but only after sending the employer a written demand and giving the employer at least 14 days to respond. If retaliation or interference is proven, the employer may be ordered to pay the employee any lost pay (for the leave and/or for a firing or other action that cost the employee any pay), reinstate the employee (if the violation ended the employee’s job), and/or pay fines or penalties under Colorado statutes for non-compliance.