Understanding Colorado’s Law on Sick Leave and Paid Family Leave

In recent years, Colorado has made significant strides in improving workers' rights, particularly concerning sick leave and paid family leave. Understanding these laws is essential for both employees and employers in the state.

Colorado's Healthy Families and Workplaces Act (HFWA), effective from 2021, significantly impacts how sick leave is managed. This law requires employers to provide paid sick leave for all employees regardless of the size of the company. Under this law, employees earn one hour of paid sick leave for every 30 hours worked, up to a maximum of 48 hours per year. This leave can be used for various situations, including mental and physical health needs, caring for a family member, or opportunities for professional resilience.

Additionally, Colorado provides a framework for paid family leave under the Family and Medical Leave Insurance (FAMLI) program. Starting from January 1, 2024, this program will allow workers to take up to 12 weeks of paid leave for family caregiving, including caring for a newborn, adopted child, or seriously ill family member. Workers will be eligible for financial benefits of up to 90% of their wages, depending on their earnings.

The FAMLI program is funded through premiums paid by both employers and employees. Employers with 10 or more employees will need to contribute a percentage of the employee's wages, while smaller businesses (with fewer than 10 employees) are generally exempt from paying their portion of the premium, though their employees still benefit from the program.

Employers must also be aware of how these laws interact. For instance, any paid sick leave taken under the HFWA can run concurrently with unpaid FMLA leave. This means that if an employee uses their sick leave for a FMLA-qualifying reason, it counts towards their FMLA entitlement, ensuring they do not exhaust both sets of leave unnecessarily.

Employees should also be aware of their rights under these laws. For example, they cannot be retaliated against for taking sick leave or paid family leave. If an employee believes their rights under the HFWA or FAMLI are being violated, they can file a complaint with the Colorado Department of Labor and Employment.

In conclusion, grasping the nuances of Colorado's sick leave and paid family leave laws can empower employees to utilize their rights fully while allowing employers to foster a more supportive workplace culture. Staying informed about these legal changes is vital for everyone navigating the employment landscape in Colorado.