Payroll and Benefits Guide United States – Colorado

Annual Leave (vacation)

Colorado does not have any state laws that govern paid time off. However, it is common for employers to decide whether to offer paid or unpaid vacation leave.

This must comply with employment law and must be stipulated in the collective bargaining agreements.

Public Holidays

Public holidays are not mandatory paid days off, but employers commonly allow workers to take federal holidays as paid days off.

Some companies might also agree to allow workers to take off state holidays; workers can find specific state holiday dates from their local government.

Usually when an agreed public holiday falls on a weekend, a day off in lieu is given on the Friday before or the Monday after the holiday.

Sick Days

It is common for an employer to follow the Family and Medical Leave Act (FMLA) which provides certain employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons (maternity leave, serious illnesses, or if the employee needs to care for a spouse or child).

Employees are eligible for FMLA if they have worked for their employer for at least one year, completed a minimum of 1,250 hours over the past year, and worked at a location where the company employs 50 or more employees within 75 miles.

FMLA eligible employees are entitled to:

• 12 working weeks of leave in any one year for a child’s birth and to care for the newborn child within one year of birth.
• Leave for the adoption or foster care of a child and care for the newly placed child within one year of placement.
• Care for the employee’s spouse, child, or parent who has a severe health condition.
• Leave in the event of a serious health condition that makes the employee unable to perform the essential functions of their job.
• Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty.”

Or

• 26 working weeks of leave during a single one-year period to care for a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

In addition to the FMLA, employers with more than 16 employees must provide one hour of paid sick leave for every 30 hours worked, up to a maximum of 48 hours of paid sick leave.

In addition to the Family and Medical Leave Act (FMLA) and the Pregnancy Discrimination Act, Colorado also has the Colorado Pregnant Workers Fairness Act.

This act requires employers to provide pregnant employees with modified work environments, including longer breaks, light-duty, job restructuring, modification of equipment (including seating), etc.

Colorado’s Adoptive Parents Leave states employers must provide the same rights regarding maternity and paternity leave for both biological and adoptive parents, including any other employment benefits such as job protection and salary rates of pay.

Maternity Leave

Maternity leave falls under the FMLA and Pregnancy Discrimination Act (see Sick Leave).

Paternity Leave

Paternity leave may fall under FMLA (see Sick Leave).

Parental Leave

Parental leave falls under the FMLA and Colorado’s Adoptive Parents Leave (see Sick Leave).

Other Leave

• Jury Duty: Full-time, regular employees are entitled to job-protected, paid leave for the first 3 days of jury duty at the rate of 50.00 USD per day (this can be more if stipulated in the contract). Employees must provide a copy of the jury summons to the employer. An employee is not entitled to compensation for time spent as a witness in a case, responding to a subpoena, or acting as a plaintiff or defendant in the courts.
• Voting Leave: Employees who are registered to vote must be allowed up to two hours of paid leave to vote in any municipal, county, state, or federal primary or general election. Employees must provide reasonable notice to their employers to take time off to vote.
• In addition to the federal law USERRA, Colorado law provides protection against discrimination for members of U.S. armed forces, reserves, National Guard, commissioned corps of the public health service, and any other category of persons designated by the president in a time of war or emergency. Colorado law provides up to 15 days of unpaid leave per year to members of the National Guard or the U.S. armed forces to attend military training. These members also have reinstatement rights to their former positions if they are still qualified and have satisfactorily completed the training.