Colorado paid sick leave (HFWA) rules for employers
Reviewed Sep 24, 2026 2 official sources How we verify
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The answer
Yes, all employers, up to 48 hours a year
Under Colorado's 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 a year. It has covered employers of every size since January 1, 2022 (16 or more employees since January 1, 2021). (Colorado General Assembly, SB20-205 (Healthy Families and Workplaces Act) bill summary)
“Starting January 1, 2021, for employers with 16 or more employees, and starting January 1, 2022, for all employers, the act requires employers to provide paid sick leave to their employees, accrued at one hour of paid sick leave for every 30 hours worked, up to a maximum of 48 hours per year.”
What it means for Colorado employers
Colorado's number is 48, not the 40 used in many states, and it shows up three times: the yearly accrual stops at 48 hours, up to 48 unused hours carry forward into the next year, and the employer does not have to allow more than 48 hours of use in a year (SB20-205 bill summary). (Colorado General Assembly, SB20-205 (Healthy Families and Workplaces Act) bill summary)
The Division of Labor Standards and Statistics rules (7 CCR 1103-7, Rule 3.5.1) spell out what counts as hours worked for accrual: all time worked under the COMPS Order, with regular and overtime hours counting the same. An overtime-exempt employee accrues on normal hours, up to 40 a week. For fee-for-service workers whose hours are not tracked, the employer uses its best reasonable estimate; higher education adjunct faculty paid per course are treated as working three hours for each in-class hour. (7 CCR 1103-7, Colorado Wage Protection Rules (effective February 1, 2026))
How many hours a sick day uses is also defined (Rule 3.5.2): the hours the employer reasonably expected the person to work in that period, based on the regular schedule, or, if that cannot be predicted, average hours over the most recent 30 calendar days of work. For shifts of indeterminate length, the employer may use the hours a replacement actually worked in that shift. (7 CCR 1103-7, Colorado Wage Protection Rules (effective February 1, 2026))
HFWA also has a second layer that sits on top of normal accrual: when a public health emergency is declared, employers must immediately give each employee a one-time supplement of additional paid leave (Rule 3.5.1(C)). Employers should read the division's rule when an emergency is declared rather than rely on a fixed number. (7 CCR 1103-7, Colorado Wage Protection Rules (effective February 1, 2026))
Exceptions and special cases
- Documentation: an employer may ask for reasonable documentation only when leave lasts four or more consecutive work days, meaning days the employee would normally have worked, not calendar days (Rule 3.5.6). It may not ask for details of the condition, and may not require documentation for leave related to a public health emergency. (7 CCR 1103-7, Colorado Wage Protection Rules (effective February 1, 2026))
- Requests: employees may ask for leave orally or in writing, including by email or text message, and the employer cannot restrict them from any method that effectively notifies it (Rule 3.5.5). For foreseeable leave, a written policy may set reasonable notice procedures. (7 CCR 1103-7, Colorado Wage Protection Rules (effective February 1, 2026))
- A PTO bank can replace HFWA leave only if it gives at least as much leave, for all the same purposes, under conditions no stricter than HFWA on accrual, use, payment, carryover, notice and documentation. If an employee spends all PTO on vacation, no extra HFWA leave is owed, except the public health emergency supplement. (7 CCR 1103-7, Colorado Wage Protection Rules (effective February 1, 2026))
Worked examples
A line cook who works 45 hours a week
All 45 hours count, overtime included, so the cook earns 1.5 hours of leave a week. The 48-hour cap is reached after 1,440 hours worked, which is 32 weeks at that schedule. (Colorado General Assembly, SB20-205 (Healthy Families and Workplaces Act) bill summary)
A salaried office manager
The manager is overtime-exempt and normally works 50 hours. Accrual is based on no more than 40 hours a week, so 1.33 hours a week, reaching 48 hours after 36 weeks. (7 CCR 1103-7, Colorado Wage Protection Rules (effective February 1, 2026))
Three sick days in a row
An employee who works Monday to Friday is out Tuesday, Wednesday and Thursday. That is three consecutive work days, so the employer cannot require documentation. A fourth missed work day (Friday) would allow a request for reasonable documentation. (7 CCR 1103-7, Colorado Wage Protection Rules (effective February 1, 2026))
How to act on it
Paid sick leave: Colorado and neighboring states
Each state links to its rulebook. Only rules we verified are shown.
| State | Statewide paid sick leave |
|---|---|
| Colorado | Yes, statewide |
| Wyoming | Pending verification |
| Nebraska | Pending verification |
| Kansas | Pending verification |
| New Mexico | Yes, statewide (full page) |
| Utah | Pending verification |
| Arizona | Yes, statewide (full page) |
Questions about Colorado paid sick leave rules
How many sick hours does Colorado require per year?
Up to 48 hours a year, earned at 1 hour per 30 hours worked under HFWA. An employer may give more.
Do overtime hours count toward Colorado sick leave accrual?
Yes. Under 7 CCR 1103-7 Rule 3.5.1, regular and overtime hours count equally. Exempt employees accrue on their normal hours, capped at 40 a week.
Does HFWA apply to small businesses in Colorado?
Yes. Since January 1, 2022 it has applied to all employers; employers with 16 or more employees were covered from January 1, 2021.
When can a Colorado employer ask for a doctor's note?
Only for leave of four or more consecutive work days, and only reasonable documentation that shows a qualifying reason, without details of the condition (Rule 3.5.6).
Does unused HFWA leave roll over in Colorado?
Up to 48 unused hours carry forward to the next year, but the employer need not allow use of more than 48 hours in a year.
The verified rules behind this page (3)
- Accrual: Colorado Healthy Families and Workplaces Act (HFWA): employees accrue at least one hour of paid sick leave for every 30 hours worked. (Colorado General Assembly, SB20-205 (Healthy Families and Workplaces Act) bill summary; verified Sep 24, 2026)
- Annual cap: Employees accrue up to 48 hours of HFWA paid sick leave per year (employers may provide more). (Colorado General Assembly, SB20-205 (Healthy Families and Workplaces Act) bill summary; verified Sep 24, 2026)
- Effective date: HFWA paid sick leave began to accrue on January 1, 2021 for employers with 16 or more employees, and has applied to all employers since January 1, 2022. (Colorado General Assembly, SB20-205 (Healthy Families and Workplaces Act) bill summary; verified Sep 24, 2026)
Sources (2)
Checked Sep 24, 2026 · How we verify every rule · Report an error
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