🇺🇸 Colorado Paid Leave — 2026 UPDATE

Colorado Paid Leave Laws: Sick Leave, Family Leave & FMLA (2026)

⚠️Informational only — not legal or tax advice.

Last Updated: March, 2026
Last Reviewed: March, 2026
Applicable Period: 2026
Jurisdiction: State of Colorado, United States      
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter

How long is maternity leave in Colorado How long is paternity leave in Colorado

Table of Contents

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Introduction

Colorado requires private employers of all sizes to provide paid sick leave under the Healthy Families and Workplaces Act (HFWA), C.R.S. § 8-13.3-401 et seq. Colorado also operates the Family and Medical Leave Insurance (FAMLI) program, a state-run paid family and medical leave program established by Proposition 118 (2020) and administered by the Colorado Division of Family and Medical Leave Insurance under C.R.S. § 8-13.3-501 et seq. At the federal level, the Family and Medical Leave Act (FMLA) provides eligible employees up to 12 weeks of unpaid, job-protected leave. This page compiles current requirements from the Colorado Department of Labor and Employment (CDLE), the FAMLI Division, and the U.S. Department of Labor.

Quick Reference — Colorado Paid Leave Snapshot

Colorado Paid Sick Leave & FAMLI Overview
Category Status
Mandatory Paid Sick Leave Yes
Governing Statute Healthy Families and Workplaces Act (HFWA), C.R.S. §8-13.3-401 et seq.
Administering Agency Colorado CDLE, Division of Labor Standards and Statistics — cdle.colorado.gov
Covered Employers All employers in Colorado, regardless of size
Eligible Employees All employees working in Colorado (except federal government employees and certain railroad employees)
Accrual Rate 1 hour per 30 hours worked
Annual Cap 48 hours (6 days) per year
Paid Family & Medical Leave Program Yes
PFML Program Name Family and Medical Leave Insurance (FAMLI)
PFML Weekly Benefit (Maximum, 2026) $1,381.45
PFML Duration Up to 12 weeks; up to 16 weeks for pregnancy/childbirth complications; up to 24 weeks for NICU parents (12 standard + 12 neonatal)
FMLA Applies Yes (Federal baseline)
Information Current As Of March 2026

Sources: Massachusetts Attorney General’s Office — https://www.mass.gov/info-details/earned-sick-time · Massachusetts DFML — https://www.mass.gov/info-details/paid-family-and-medical-leave-pfml-overview-and-benefits · U.S. DOL FMLA — https://www.dol.gov/agencies/whd/fmla

Does Colorado Require Paid Sick Leave?

Colorado requires all employers to provide paid sick leave to employees under the Healthy Families and Workplaces Act (HFWA), C.R.S. § 8-13.3-401 et seq., administered by the Colorado Department of Labor and Employment Division of Labor Standards and Statistics. The HFWA took effect July 15, 2020, with accrued leave requirements for all employer sizes phased in by January 1, 2022. (Source: CDLE)

Which Employers Are Covered?

The HFWA covers all public and private employers in Colorado, regardless of size — from sole proprietors with a single employee to large enterprises. No minimum employee count applies. The statute explicitly excludes only the federal government; all other Colorado employers are covered, including nonprofits, domestic employers, and agricultural employers. (Source: CDLE Press Release, Jan. 2022)

Employers with an existing paid leave or PTO policy that meets or exceeds HFWA requirements — covering the same accrual rate, the same qualifying reasons, and the same conditions — are not required to provide additional leave under HFWA. (Source: C.R.S. § 8-13.3-403(4))

Which Employees Are Eligible?

All employees working in Colorado are eligible for paid sick leave under the HFWA, including full-time, part-time, temporary, seasonal, and migratory workers. Independent contractors are excluded from coverage. Federal government employees are excluded. Certain railroad employees covered by the federal Railroad Unemployment Insurance Act (45 U.S.C. § 351 et seq.) are also excluded. (Source: C.R.S. § 8-13.3-402(4))

Sick leave accrual begins on the first day of employment. There is no waiting period before the accrued leave may be used — the statute permits immediate use upon accrual, though employers retain the ability to loan leave before it accrues. (Source: C.R.S. § 8-13.3-403(2)(a))

Accrual, Frontloading & Caps

Under the HFWA, employees accrue one hour of paid sick leave for every 30 hours worked. Accrual is capped at 48 hours per calendar year. Employers may set a higher limit at their discretion but cannot set the annual accrual cap below 48 hours. (Source: SB20-205, C.R.S. § 8-13.3-403(2)(a))

As an alternative to accrual, employers may frontload the full 48 hours at the beginning of the benefit year. For exempt employees for whom hours are not tracked, a reasonable estimate of hours worked is used to calculate accrual. (Source: CDLE Wage Protection Rules, 7 CCR 1103-7)

Carryover: Employers must permit employees to carry over up to 48 hours of unused accrued HFWA leave into the subsequent year. If an employer frontloads the full 48 hours at year-start, no carryover obligation applies. Employers are not required to pay out unused sick leave upon termination unless the employer’s own policy provides for it. (Source: C.R.S. § 8-13.3-403(2)(b))

Qualifying Reasons for Paid Sick Leave

Under C.R.S. § 8-13.3-404, Colorado employees may use HFWA paid sick leave for the following reasons:

  • The employee’s own mental or physical illness, injury, or health condition, including the need for diagnosis, care, treatment, or preventive medical care (including vaccination)
  • Care for a family member with a mental or physical illness, injury, or health condition, including accompanying the family member to medical or dental appointments
  • The employee’s or a family member’s need for medical attention, counseling, legal services, shelter, or relocation related to domestic abuse, sexual assault, or criminal harassment (C.R.S. § 8-13.3-404(1)(c))
  • Closure of the employee’s workplace or a family member’s school or place of care by order of a public official due to a public health emergency
  • Bereavement, funeral or memorial attendance, or financial or legal matters arising after the death of a family member — effective August 7, 2023
  • The employee’s need to evacuate their residence, or to care for a family member whose school or place of care was closed, due to inclement weather, power or heating or water loss, or other unexpected event — effective August 7, 2023

(Source: HFWA, C.R.S. § 8-13.3-404; CDLE Paid Leave & Whistleblower Poster)

Definition of Family Member

Under C.R.S. § 8-13.3-402(6), “family member” for HFWA purposes means:

  1. An employee’s immediate family member as defined in C.R.S. § 2-4-401(3.7) — which includes spouses, parents, children, siblings, grandparents, grandchildren, and step-relations
  2. A child to whom the employee stands in loco parentis, or a person who stood in loco parentis to the employee when the employee was a minor
  3. Any person for whom the employee is responsible for providing or arranging health- or safety-related care

This definition is notably broad: it is not limited to biologically or legally related individuals. An employee who is the primary caregiver for a neighbor, friend, or other individual qualifies under the third prong. (Source: CDLE Wage Protection Rules, 7 CCR 1103-7)

Pay Rate & Documentation

HFWA requires employers to pay sick leave at the same hourly rate or salary the employee normally earns, excluding overtime, bonuses, and holiday pay. Beginning February 1, 2026, the CDLE’s revised Wage Protection Rules (7 CCR 1103-7) clarified that employers must calculate sick leave pay at the rate the employee would have earned had the employee worked during those hours. The rate may not fall below the applicable Colorado minimum wage. (Source: CDLE Wage Protection Rules, effective Feb. 1, 2026)

Employer notice obligations: Employers must provide written notice of HFWA rights to new employees no later than other onboarding documents, and must post an informational poster in a conspicuous, accessible workplace location. Employers with a workforce where at least 5% of employees speak a language other than English as their primary language must provide the poster in that language as well. Updated notices must be distributed to current employees by year-end when changes occur. (Source: CDLE Paid Leave & Whistleblower Poster)

Employee notice: For foreseeable leave, the employee must make a good-faith effort to notify the employer in advance, include the expected duration, and attempt to schedule the leave to minimize disruption. For unforeseeable leave, notice is given as soon as practicable. Employers may establish reasonable notification procedures, but sick leave cannot be denied solely for failure to comply with those procedures. (Source: C.R.S. § 8-13.3-405)

Documentation: Employers may require reasonable documentation only if the employee is absent for four or more consecutive workdays. Employers cannot require documentation that discloses the details of a health condition. All health and safety information obtained from employees in connection with HFWA leave must be kept confidential and stored separately from personnel files. (Source: C.R.S. § 8-13.3-405; CDLE Wage Protection Rules 7 CCR 1103-7)

Recordkeeping: Employers must retain records documenting hours worked and HFWA leave accrued and used for a minimum of two years, and must provide this information to employees upon request (up to once per month). (Source: HFWA; COMPS Order #40, 7 CCR 1103-1, effective Feb. 1, 2026)

Retaliation Protections

Under C.R.S. § 8-13.3-407, employers are prohibited from taking retaliatory personnel action or discriminating against an employee because the employee requested or used HFWA sick leave, informed another person of their HFWA rights, filed a HFWA complaint, or cooperated in a HFWA investigation. Paid sick leave cannot be counted as an absence that may lead to discipline, demotion, or termination. Employers may not require employees to find replacement workers as a condition of taking sick leave.

Employees who experience retaliation for exercising HFWA rights may file a complaint with the CDLE Division of Labor Standards and Statistics. Complaints may be submitted online at cdle.colorado.gov or by calling 303-318-8441. Employers who willfully violate HFWA notice requirements face civil fines of up to $100 per violation. Unused sick leave constitutes earned wages under the Colorado Wage Claim Act, C.R.S. § 8-4-101 et seq., exposing non-compliant employers to liability for unpaid wages. (Source: C.R.S. § 8-13.3-407; CDLE)

Does Colorado Have a Paid Family & Medical Leave Program?

Colorado operates the Family and Medical Leave Insurance (FAMLI) program under C.R.S. § 8-13.3-501 et seq., approved by Colorado voters through Proposition 118 in November 2020. Premium collection began January 1, 2023. FAMLI benefits became available to eligible workers beginning January 1, 2024. The program is administered by the Colorado Division of Family and Medical Leave Insurance, a division of the Colorado Department of Labor and Employment. (Source: famli.colorado.gov)

Program Overview — FAMLI

  • Administering agency: Colorado Division of Family and Medical Leave Insurance — famli.colorado.gov
  • Authorizing statute: C.R.S. § 8-13.3-501 et seq. (Colorado Paid Family and Medical Leave Insurance Act)
  • Premium collection began: January 1, 2023
  • Benefits available since: January 1, 2024
  • 2026 contribution rate: 0.88% of gross wages, split 50/50 between employer and employee — 0.44% each. Employers may choose to cover the employee’s share entirely. (Source: famli.colorado.gov/employers)
  • Wage cap: Premiums are assessed on wages up to the federal Social Security wage cap — $184,500 in 2026. (Source: famli.colorado.gov/individuals-and-families/how-famli-works/premium-and-benefits-calculator)
  • Small employer contribution: Employers with nine or fewer employees are not required to pay the employer’s share of the premium. These employers must still deduct and remit the employee share (0.44%) quarterly. (Source: famli.colorado.gov/employers)
  • Maximum annual premium (employee share, 2026): 0.44% × $184,500 wage cap = up to approximately $811.80 per year for the highest earners; most employees pay considerably less based on their actual wages.
  • Rate cap: Colorado law caps the combined premium at a maximum of 1.2% of wages. Beginning September 2026, the FAMLI Division Director sets the following year’s premium rate annually. (Source: famli.colorado.gov/rules-guidance)

Qualifying Reasons for FAMLI Leave

Under C.R.S. § 8-13.3-503, eligible Colorado workers may take FAMLI leave for the following reasons:

  • Parental bonding: Bonding with a new child, including after birth, adoption, or foster care placement
  • Own serious health condition: Care for the employee’s own serious health condition
  • Family caregiver: Care for a family member’s serious health condition
  • Military exigency: Making qualifying arrangements for a family member’s military deployment to a foreign country
  • Safe leave: Addressing immediate safety needs and the impacts of domestic violence, sexual assault, or stalking experienced by the employee or a family member
  • Pregnancy/childbirth complications: An additional 4 weeks is available to employees who experience serious health conditions related to pregnancy or childbirth complications — for a total of up to 16 weeks
  • Neonatal intensive care (NICU) leave: Effective January 1, 2026, under Senate Bill 25-144, eligible employees may take up to 12 additional weeks of paid FAMLI leave to care for a child receiving inpatient care in a neonatal intensive care unit. A parent of a NICU infant may receive up to 24 weeks of FAMLI leave total (12 weeks standard bonding + 12 weeks NICU leave). Colorado is the first state in the nation to provide dedicated paid NICU leave. (Source: famli.colorado.gov; famli.colorado.gov/news-article/colorado-first-in-the-country-to-offer-paid-neonatal-care-leave)

(Source: C.R.S. § 8-13.3-503; famli.colorado.gov/individuals-and-families/reasons-to-take-famli-leave)

Benefit Amount & Duration
Benefit Detail Amount
Wage Replacement Rate Sliding scale: 90% of the employee's average weekly wage for earnings up to 50% of the state AWW ($767.47); 50% for earnings above that threshold
State Average Weekly Wage (2025–2026) $1,534.94 (effective July 1, 2025)
Maximum Weekly Benefit (2026) $1,381.45 (equals 90% of the state AWW)
Standard Maximum Leave Duration 12 weeks per benefit year
Pregnancy/Childbirth Complications Up to 4 additional weeks (16 weeks total)
NICU Leave (effective Jan. 1, 2026) Up to 12 additional weeks per infant (up to 24 weeks combined with standard bonding)
Intermittent Leave Permitted — FAMLI may be taken continuously, intermittently, or as a reduced work schedule
Waiting Period None
Job Protection Yes — employees are entitled to return to the same or an equivalent position
Health Insurance Continuation Yes — employers must continue paying their share of the employee's (and dependents') health insurance benefits during FAMLI leave

Sources: famli.colorado.gov/rules-guidance · famli.colorado.gov/individuals-and-families/how-famli-works/premium-and-benefits-calculator

Wage replacement is calculated on a sliding scale using the individual’s average weekly wage from the previous five completed calendar quarters, compared against the state average weekly wage. Lower-wage workers receive the higher 90% replacement rate for a larger portion of their income, while higher-wage workers receive 50% for earnings above the threshold, up to the $1,381.45 maximum. (Source: famli.colorado.gov/rules-guidance; C.R.S. § 8-13.3-506(1))

FAMLI benefit payments are issued directly to the employee by the Division — not by the employer. Employers do not pay wages to employees on approved FAMLI leave. Employees who receive FAMLI benefits may also, by mutual agreement with their employer, supplement FAMLI payments with accrued paid leave (including HFWA sick leave) to bring total pay closer to their regular wage, as long as the combined payment does not exceed their normal earnings. (Source: famli.colorado.gov/employers/employer-faqs)

Eligibility Requirements

Employee eligibility: Most Colorado workers are eligible for FAMLI benefits after earning at least $2,500 in wages subject to FAMLI premiums within the state during the last four completed calendar quarters. There is no minimum tenure with any specific employer — eligibility is based on cumulative Colorado wage history, not length of service with the current employer. (Source: famli.colorado.gov/individuals-and-families/individuals-and-families-faqs)

Workers who are not eligible: employees of local governments that opted out of the FAMLI program (unless the employee individually elected coverage); federal employees; employees covered by the Railroad Unemployment Insurance Act; and employees of Tribal Nations working on tribal land. (Source: famli.colorado.gov/individuals-and-families/individuals-and-families-faqs)

Employer coverage: All private-sector Colorado employers that employ at least one employee in Colorado, or that paid wages of $1,500 during one quarter in the preceding year, are required to participate in FAMLI. All employers, regardless of size, must register with the FAMLI Division, submit quarterly wage reports, and remit premium contributions. (Source: famli.colorado.gov/employers)

Local governments may vote to opt out. Employees of opted-out local governments may voluntarily elect individual coverage. Self-employed individuals and sole proprietors with no employees may voluntarily opt into the program by registering with the FAMLI Division and agreeing to pay the 0.44% employee premium rate for a minimum of three years. (Source: famli.colorado.gov/individuals-and-families/self-employed-workers)

Employers may apply to use an approved private plan in place of the state FAMLI program, provided the private plan offers all the same rights, protections, and benefits as FAMLI. (Source: famli.colorado.gov/employers)

How to Apply for FAMLI Benefits

Claims are filed through the My FAMLI+ online portal at myfamliplus.state.co.us. The portal provides step-by-step user guides and how-to videos for claimants. Applications may be submitted up to 30 days before a planned leave start date. Claimants who file in advance must log back into the portal or call the FAMLI Contact Center (1-866-CO-FAMLI / 1-866-263-2654) to confirm the actual start date of leave. For medical leave, a serious health condition form completed by a healthcare provider is required. (Source: famli.colorado.gov/individuals-and-families/my-famli)

Claims for domestic violence (safe leave) may be documented with a health or social services provider document, an employee’s own written statement, or a legal document such as a restraining order or police report. (Source: famli.colorado.gov/individuals-and-families/reasons-to-take-famli-leave/safe-leave-domestic-violence)

FAMLI benefit payments are issued directly to claimants by the Division via debit card or direct deposit. (Source: famli.colorado.gov/employers/employer-faqs)

Employer Obligations Under FAMLI

Under C.R.S. § 8-13.3-501 et seq. and FAMLI Division rules:

Maternity, Paternity & Parental Leave in Colorado

How Long Is Maternity Leave in Colorado?

Colorado maternity leave is determined by the combination of three legal frameworks available to most workers:

  • FAMLI paid leave (standard): Up to 12 weeks of paid leave for bonding with a new child, available to all eligible employees including birthing parents
  • FAMLI for pregnancy/childbirth complications: An additional 4 weeks of paid FAMLI leave is available if the birthing parent experiences a serious health condition related to pregnancy or childbirth complications — for up to 16 paid weeks
  • FAMLI NICU leave (effective Jan. 1, 2026): An additional 12 weeks of paid leave if the newborn requires inpatient neonatal intensive care — for up to 24 paid weeks combined with standard bonding
  • Federal FMLA: Up to 12 weeks of unpaid, job-protected leave for employees who meet FMLA eligibility requirements. FAMLI and FMLA run concurrently for eligible workers (see Section 4)

For eligible workers, the total potential paid leave for a birthing parent in an uncomplicated birth is 12 weeks of paid FAMLI leave, which may run alongside 12 weeks of unpaid FMLA simultaneously.

(Source: famli.colorado.gov/individuals-and-families; famli.colorado.gov/individuals-and-families/individuals-and-families-faqs)

Is Maternity Leave Paid in Colorado?

Maternity leave in Colorado is partially paid through the FAMLI program for eligible workers. FAMLI wage replacement is calculated on a sliding scale — lower-wage earners receive up to 90% of their average weekly wage, and higher-wage earners receive 50% above the threshold, up to the 2026 maximum of $1,381.45 per week. Federal FMLA leave is unpaid. There is no Colorado statute that separately mandates paid maternity leave as a standalone benefit — paid maternity leave in Colorado is funded through the FAMLI insurance program, to which both employees and employers contribute premiums. Employees may also supplement FAMLI payments with accrued HFWA sick leave or accrued PTO by mutual agreement with their employer. (Source: famli.colorado.gov/rules-guidance; famli.colorado.gov/individuals-and-families/how-famli-works/premium-and-benefits-calculator)

Paternity Leave and Parental Leave in Colorado

Both birthing and non-birthing parents are equally eligible for FAMLI parental bonding leave in Colorado. Under C.R.S. § 8-13.3-503, FAMLI leave for bonding with a new child applies to birth, adoption, and foster care placement and is available to all eligible parents regardless of gender. Non-birthing parents — including fathers, same-sex partners, and adoptive or foster parents — qualify for up to 12 weeks of paid FAMLI leave for parental bonding. Federal FMLA bonding leave also applies equally to both parents for eligible workers. Colorado paternity leave under FAMLI carries the same wage replacement rate and duration as maternity leave. (Source: famli.colorado.gov/individuals-and-families/reasons-to-take-famli-leave/parental-bonding-leave)

For couples where both parents are eligible Colorado employees, each parent may take their own separate FAMLI leave entitlement — the 12-week benefit is not shared between parents. Leave taken by one parent does not reduce the other parent’s FAMLI leave balance. (Source: famli.colorado.gov/individuals-and-families/individuals-and-families-faqs)

Federal FMLA in Colorado

The Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601 et seq., provides the federal baseline for unpaid, job-protected family and medical leave in Colorado. Colorado FMLA eligibility requirements, qualifying reasons, and employer obligations are identical to federal FMLA standards. However, Colorado’s FAMLI program operates alongside FMLA to provide paid benefits, making the interaction between the two laws critical for eligible Colorado workers to understand.

FMLA Coverage and Eligibility

Covered employers: Private employers with 50 or more employees within a 75-mile radius, and all public agencies (including state and local government employers), are covered by federal FMLA. Elementary and secondary schools are covered regardless of employee count.

Eligible employees must meet all three of the following criteria:

  1. Employed by a covered employer for at least 12 months (need not be consecutive)
  2. Worked at least 1,250 hours in the 12-month period immediately preceding the leave
  3. Work at a location where the employer has at least 50 employees within 75 miles

Leave amount: Up to 12 workweeks of unpaid, job-protected leave in a 12-month period. Military caregiver leave provides up to 26 workweeks in a single 12-month period for eligible employees caring for a covered servicemember with a serious injury or illness.

FMLA leave is unpaid and job-protected. Employers are required to maintain the employee’s group health insurance coverage under the same terms as if the employee had not taken leave. Employees are entitled to return to the same position or an equivalent position with the same pay, benefits, and other terms of employment upon return from FMLA leave.

(Source: U.S. Department of Labor — dol.gov/agencies/whd/fmla)

Qualifying Reasons Under FMLA

Federal FMLA leave in Colorado is available for the following qualifying reasons:

  • The birth of a child and care of the newborn within the first year
  • Placement of a child for adoption or foster care within the first year
  • Care for a spouse, child, or parent with a serious health condition
  • The employee’s own serious health condition that renders the employee unable to perform the essential functions of their job
  • Qualifying military exigency arising from a spouse’s, child’s, or parent’s covered active duty or call to covered active duty status
  • Military caregiver leave — care for a covered servicemember or veteran with a serious injury or illness (26 weeks)

(Source: U.S. DOL — dol.gov/agencies/whd/fmla)

Is FMLA Paid or Unpaid?

Federal FMLA leave is unpaid. FMLA does not require employers to pay employees during leave. However, Colorado’s FAMLI program provides paid wage replacement that runs concurrently with FMLA for eligible workers — see the FAMLI/FMLA interaction section below. Additionally, employees may use accrued paid leave (HFWA sick leave, vacation, or PTO) during FMLA if employer policy permits or requires it. (Source: dol.gov/agencies/whd/fmla; famli.colorado.gov/individuals-and-families/how-famli-works/famli-and-fmla)

Does FMLA Apply to Small Businesses in Colorado?

Federal FMLA applies to private employers with 50 or more employees within a 75-mile radius. Private Colorado employers with fewer than 50 employees are not covered by federal FMLA. However, Colorado’s FAMLI program has no employer size exemption for employees — all Colorado employees who meet the $2,500 wage earnings threshold are eligible for FAMLI benefits regardless of how many employees their employer has. For employees of smaller employers not covered by FMLA, FAMLI provides paid leave without the FMLA job protection guarantee. (Source: dol.gov/agencies/whd/fmla; famli.colorado.gov/individuals-and-families/how-famli-works/famli-and-fmla)

How Colorado FAMLI Interacts with FMLA

For employees eligible for both FAMLI and FMLA, the two programs run concurrently — meaning FAMLI leave and FMLA leave count simultaneously against each entitlement. A worker who takes 12 weeks of FAMLI leave for parental bonding will also exhaust their 12-week FMLA entitlement at the same time, rather than receiving 12 additional weeks of FMLA leave after FAMLI ends. The Colorado Division of Family and Medical Leave Insurance provides a direct comparison resource: famli.colorado.gov/individuals-and-families/how-famli-works/famli-and-fmla.

Key differences between FAMLI and FMLA:

Colorado FAMLI vs Federal FMLA
Feature FAMLI FMLA
Pay Paid — wage replacement up to $1,381.45/week (2026) Unpaid
Employer Size No minimum — all Colorado employers 50+ employees within 75 miles
Employee Eligibility $2,500 in Colorado wages in last 4 quarters; no tenure requirement with current employer 12 months of employment + 1,250 hours worked
Family Member Definition Broad — includes any person for whom the employee is the primary caregiver Narrower — limited to spouse, child, parent
Safe Leave Covered (domestic violence, sexual assault, stalking) Not covered as a standalone qualifying reason
Job Protection Yes, for covered employees Yes
Leave Duration Up to 12 weeks (16 with complications; 24 with NICU) Up to 12 weeks (26 for military caregiver)

(Source: famli.colorado.gov/individuals-and-families/how-famli-works/famli-and-fmla)

Notable: Because FAMLI’s family member definition is broader than FMLA’s, a Colorado worker may be eligible for FAMLI leave to care for a grandparent, sibling, or domestic partner — qualifying relationships not covered by federal FMLA. In those cases, FAMLI leave runs without a concurrent FMLA entitlement.

(Source: U.S. DOL — dol.gov/agencies/whd/fmla)

Other Protected Leave Categories in Colorado

Bereavement Leave

Colorado has no general statutory requirement for bereavement leave as a standalone category. However, the HFWA, effective August 7, 2023, explicitly includes bereavement, funeral or memorial service attendance, and financial or legal matters arising after the death of a family member as qualifying reasons for accrued HFWA sick leave. (Source: HFWA, C.R.S. § 8-13.3-404; cdle.colorado.gov/dlss-home-page/wage-and-hour-law/leave)

Jury Duty Leave

Colorado Revised Statutes § 13-71-126 requires employers to pay jurors their regular wages, not to exceed $50 per day, for the first three days of jury service. Employers are prohibited from discharging, threatening, or retaliating against an employee for responding to a jury summons or serving on a jury. (Source: cdle.colorado.gov/dlss-home-page/wage-and-hour-law/leave)

Voting Leave

Colorado Revised Statutes § 1-7-102 entitles employees to up to two hours of paid leave to vote on election day if the employee’s work schedule does not provide sufficient time to vote outside working hours. The two hours need not be paid if the employee has three or more consecutive non-work hours during which the polls are open. Employees must request the leave prior to election day.

Domestic Violence Leave

Beyond HFWA sick leave protections, C.R.S. § 24-34-402.7 provides employees who are victims of domestic abuse, stalking, sexual assault, or other domestic abuse-related crimes with up to three working days of leave — paid or unpaid at the employer’s discretion — in any 12-month period. This leave is available for employees to seek medical treatment, obtain safety planning, legal services, or relocation assistance. (Source: cdle.colorado.gov/dlss-home-page/wage-and-hour-law/leave)

Military Leave

Federal Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. § 4301 et seq., provides job-protected leave and reemployment rights for all Colorado employees who are members of the uniformed services. Colorado state law provides additional protections for state government employees on active duty. (Source: dol.gov/agencies/vets/programs/userra)

2025–2026 Updates & Recent Legislative Changes

What Changed in Colorado Paid Leave Laws in 2025–2026?

January 1, 2026 — NICU Leave Enacted (Senate Bill 25-144): Colorado enacted Senate Bill 25-144, effective January 1, 2026, amending the FAMLI Act to provide up to 12 weeks of additional paid FAMLI leave for eligible employees whose child requires inpatient neonatal intensive care. Parents of a NICU infant may receive up to 24 total weeks of FAMLI leave (12 weeks of standard parental bonding + 12 weeks of NICU leave). Colorado is the first state in the U.S. to offer dedicated paid neonatal care leave. (Source: famli.colorado.gov)

January 1, 2026 — FAMLI Premium Rate Decreased (SB 25-144): The FAMLI program premium rate decreased from 0.90% to 0.88% of wages effective January 1, 2026. The employer and employee each pay 0.44% under the 50/50 split. Employers with fewer than 10 employees pay only the employee share (0.44%) and are exempt from the employer contribution. The rate may be adjusted annually beginning in September 2026 by the FAMLI Division Director, subject to the statutory 1.2% cap. (Source: famli.colorado.gov/rules-guidance)

January 1, 2026 — Maximum Weekly FAMLI Benefit Updated: Effective July 1, 2025 (using the updated state AWW of $1,534.94), the maximum weekly FAMLI benefit increased to $1,381.45, up from $1,324.21. This figure will next be reassessed when the state average weekly wage is recalculated in mid-2026. (Source: famli.colorado.gov/rules-guidance)

January 1, 2026 — FICA Tax Treatment Deferred: The IRS delayed implementation of new federal income tax procedures for state paid leave benefits until 2027. FICA taxes will not be deducted from FAMLI benefit payments in 2026. (Source: famli.colorado.gov/rules-guidance)

February 1, 2026 — HFWA Sick Leave Pay Calculation Clarified: The CDLE’s revised Wage Protection Rules (7 CCR 1103-7), effective February 1, 2026, clarified the method for calculating HFWA sick leave pay. Employers must pay the rate the employee would have earned had the employee worked those hours, excluding bonuses and overtime pay. (Source: cdle.colorado.gov)

August 7, 2023 — HFWA Expanded Qualifying Reasons (still in effect): Colorado expanded qualifying reasons for HFWA paid sick leave to include bereavement and financial or legal matters after a family member’s death, and leave for inclement weather emergencies or school/childcare closures caused by unexpected events. These expansions remain in effect. (Source: HFWA, C.R.S. § 8-13.3-404)

Pending Legislation

The FAMLI Division proposed amendments to Benefits and Employer Participation Rules (7 CCR 1107-3), Investigations Rules (7 CCR 1107-8), and Appeals Rules (7 CCR 1107-9) were under public comment as of March 2026. A public hearing was held March 17, 2026. Current bill tracking is available through the Colorado General Assembly at leg.colorado.gov.

How to File a Paid Leave Complaint in Colorado

Filing a Paid Sick Leave (HFWA) Complaint

Employees who believe an employer has violated the HFWA may file a complaint with the Colorado Department of Labor and Employment, Division of Labor Standards and Statistics. Complaints may be submitted online at cdle.colorado.gov/dlss/complaints-claims or by calling 303-318-8441. The Division investigates complaints and may assess fines and unpaid wage liability for violations. Because HFWA sick leave constitutes earned wages under the Colorado Wage Claim Act, employees may also pursue unpaid sick leave as a wage claim. (Source: cdle.colorado.gov)

Filing a FAMLI Claim or Appeal

FAMLI benefit claims are filed through the My FAMLI+ portal at myfamliplus.state.co.us. Employees may contact the FAMLI Contact Center at 1-866-CO-FAMLI (1-866-263-2654), Monday–Friday, 7:30 a.m.–4:30 p.m. Mountain Time, or by email at CDLE_FAMLI_info@state.co.us for general program questions. Employees or employers who disagree with a FAMLI determination may file an appeal through the appeals and reconsiderations process detailed at famli.colorado.gov/appeals. Non-compliance or fraud may be reported at famli.colorado.gov/individuals-and-families/report-famli-noncompliance-or-audit-issues. (Source: famli.colorado.gov/appeals)

Filing an FMLA Complaint

Employees who believe an employer has violated federal FMLA rights may file a complaint with the U.S. Department of Labor Wage and Hour Division (WHD). Complaints may be submitted at dol.gov/agencies/whd/contact/complaints. The WHD maintains regional and district offices; the office locator is available at dol.gov/agencies/whd/contact. FMLA complaints must generally be filed within two years of the alleged violation, or three years for willful violations.

Interstate Considerations for Remote Workers

Colorado’s paid leave laws generally apply based on where the employee performs work, not where the employer is headquartered. A remote worker physically located and performing work in Colorado is generally covered by both the HFWA and FAMLI, regardless of whether the employer is domiciled outside Colorado. For FAMLI, the concept of “localization” determines coverage: employees whose work is based in Colorado are subject to Colorado FAMLI premium obligations and benefit eligibility. (Source: famli.colorado.gov/employers; 7 CCR 1107-1, Section 1.6)

Colorado employers with employees working remotely in other states should note that those employees may be subject to the paid leave laws of the state where the work is performed, which may differ from Colorado requirements. Multi-state employers must assess each employee’s work location to determine applicable sick leave and PFML obligations.

For more on Colorado remote work laws, see RemoteLaws.com: /remote-work-laws/u-s-states/colorado/

Frequently Asked Questions — Colorado Paid Leave

How does FMLA work in Colorado?

Federal FMLA provides eligible Colorado employees with up to 12 weeks of unpaid, job-protected leave per year for qualifying family and medical reasons. Eligible employees must have worked for a covered employer (50+ employees within 75 miles) for at least 12 months and logged at least 1,250 hours in the preceding 12 months. For most Colorado employees, FMLA runs concurrently with FAMLI paid leave. (Source: dol.gov/agencies/whd/fmla)

How long is maternity leave in Colorado?

Eligible Colorado workers may take up to 12 weeks of paid FAMLI leave for parental bonding. Birthing parents who experience pregnancy or childbirth complications may receive up to 4 additional weeks of paid FAMLI leave (16 weeks total). Parents of NICU infants may receive up to 12 additional weeks of FAMLI neonatal care leave effective January 1, 2026, for up to 24 total paid weeks. Federal FMLA provides 12 weeks of unpaid leave that runs concurrently with FAMLI for eligible workers. (Source: famli.colorado.gov/individuals-and-families/individuals-and-families-faqs)

Is maternity leave paid or unpaid in Colorado?

Maternity leave in Colorado is paid for eligible workers through the FAMLI program, which replaces between 37% and 90% of wages depending on the worker’s average weekly wage, up to a maximum of $1,381.45 per week in 2026. Federal FMLA leave, which runs concurrently with FAMLI for eligible employees, is unpaid. (Source: famli.colorado.gov/rules-guidance)

Who is eligible for FMLA in Colorado?

Employees are eligible for Colorado FMLA if they have worked for a covered employer (50+ employees within 75 miles) for at least 12 months, have worked at least 1,250 hours in the previous 12 months, and work at a location where the employer has 50+ employees within 75 miles. All public agencies are covered regardless of size. (Source: dol.gov/agencies/whd/fmla)

Is FMLA leave paid in Colorado?

Federal FMLA leave is unpaid. However, Colorado’s FAMLI program provides paid wage replacement that runs concurrently with FMLA for workers who meet FAMLI’s separate eligibility requirements (earning $2,500 in Colorado wages within the last four calendar quarters). Employees may also use accrued HFWA sick leave or PTO during FMLA if employer policy permits. (Source: famli.colorado.gov/individuals-and-families/how-famli-works/famli-and-fmla)

Does Colorado have paid sick leave?

Yes. Colorado requires all employers, regardless of size, to provide paid sick leave to employees under the Healthy Families and Workplaces Act (HFWA), C.R.S. § 8-13.3-401 et seq. Employees accrue 1 hour of paid sick leave per 30 hours worked, up to 48 hours per year, beginning on the first day of employment. (Source: cdle.colorado.gov/dlss-home-page/wage-and-hour-law/leave)

Does Colorado have paid family leave?

Yes. Colorado’s FAMLI program, administered by the Colorado Division of Family and Medical Leave Insurance under C.R.S. § 8-13.3-501 et seq., provides up to 12 weeks of paid family and medical leave per year. Benefits became available January 1, 2024. The maximum weekly benefit in 2026 is $1,381.45. (Source: famli.colorado.gov)

How many sick days are required in Colorado?

Colorado employers must provide at least 48 hours (6 days) of paid sick leave per year under the HFWA. Accrual occurs at 1 hour for every 30 hours worked, up to the 48-hour annual cap. Employers may provide more generous leave but cannot provide less. (Source: SB20-205, C.R.S. § 8-13.3-403)

Does FMLA apply to small businesses in Colorado?

Federal FMLA does not apply to private employers with fewer than 50 employees within a 75-mile radius. However, Colorado’s FAMLI program covers employees of businesses of all sizes — there is no minimum employer size for FAMLI employee eligibility. Employees of small employers not covered by FMLA may still receive paid FAMLI benefits if they meet the $2,500 wage earnings threshold. (Source: famli.colorado.gov/individuals-and-families/how-famli-works/famli-and-fmla)

How long is paternity leave in Colorado?

Colorado paternity leave under the FAMLI program provides eligible non-birthing parents with up to 12 weeks of paid parental bonding leave at the same wage replacement rate as maternity leave — up to $1,381.45 per week in 2026. Both birthing and non-birthing parents receive equal FAMLI parental leave entitlements. Federal FMLA bonding leave applies equally to both parents for eligible workers. (Source: famli.colorado.gov/individuals-and-families/reasons-to-take-famli-leave/parental-bonding-leave)

Can an employer deny paid sick leave in Colorado?

An employer subject to the HFWA cannot deny accrued paid sick leave used for a qualifying reason. Denying or retaliating against an employee for requesting or using HFWA sick leave violates C.R.S. § 8-13.3-407 and may result in the employer being liable for unpaid wages plus penalties. Sick leave cannot be counted as an unexcused absence. (Source: cdle.colorado.gov/dlss-home-page/wage-and-hour-law/leave)

Is paid sick leave available to part-time employees in Colorado?

Yes. The HFWA covers all employees working in Colorado regardless of whether they are full-time, part-time, temporary, or seasonal. Part-time employees accrue sick leave at the same rate — 1 hour per 30 hours worked — proportional to their actual hours. (Source: SB20-205; CDLE)

Can paid sick leave be used for a family member’s illness in Colorado?

Yes. Under C.R.S. § 8-13.3-404, HFWA sick leave may be used to care for a family member with a mental or physical illness, injury, or health condition, including accompanying a family member to medical appointments. Colorado’s broad “family member” definition includes any person for whom the employee is responsible for providing or arranging health- or safety-related care. (Source: C.R.S. § 8-13.3-402(6); 8-13.3-404)

What happens to unused sick leave when an employee leaves their job in Colorado?

Unused HFWA sick leave does not need to be paid out to employees upon termination under Colorado law unless the employer’s own policy provides for payout. Unused sick leave constitutes earned wages while the employee is employed, but payout upon separation is not mandated by the HFWA. (Source: HFWA, C.R.S. § 8-13.3-403)

Is there a waiting period before using paid sick leave in Colorado?

There is no waiting period before using accrued HFWA sick leave. Sick leave accrual begins on the first day of employment and may be used as it accrues. Employers may advance sick leave before it fully accrues but are not required to do so. (Source: SB20-205, C.R.S. § 8-13.3-403(2))

How much does Colorado paid family leave pay?

Colorado FAMLI provides wage replacement on a sliding scale: up to 90% of the employee’s average weekly wage for the portion of wages at or below 50% of the state average weekly wage ($767.47 in 2025–2026), and 50% for wages above that threshold. The maximum weekly benefit is $1,381.45 in 2026. (Source: famli.colorado.gov/rules-guidance)

How long is paid family leave in Colorado?

Standard FAMLI leave is up to 12 weeks per benefit year. Employees with pregnancy or childbirth complications may receive up to 16 weeks. Parents of infants in neonatal intensive care may receive up to 24 total weeks effective January 1, 2026. FAMLI benefits reset each benefit year, measured forward 12 months from the first day of each approved leave period. (Source: famli.colorado.gov/individuals-and-families/individuals-and-families-faqs)

Who pays for Colorado paid family leave?

FAMLI is funded by shared premiums from both employers and employees. The 2026 premium is 0.88% of wages, typically split 50/50 at 0.44% each. Employers with nine or fewer employees pay only the employee share (0.44%) and are exempt from the employer contribution. Employers may also choose to cover the entire premium. (Source: famli.colorado.gov/employers)

Can Colorado FAMLI and FMLA be taken at the same time?

Yes. For employees eligible for both FAMLI and FMLA, the two programs run concurrently. Taking 12 weeks of FAMLI leave for parental bonding simultaneously exhausts the 12-week FMLA entitlement. This means eligible workers receive paid FAMLI benefits during their FMLA leave period rather than receiving two separate 12-week periods. (Source: famli.colorado.gov/individuals-and-families/how-famli-works/famli-and-fmla)

Is the job protected during Colorado FAMLI leave?

Yes. Under the FAMLI Act, eligible employees are entitled to return to the same or an equivalent position upon return from FAMLI leave. Employers are prohibited from retaliating against employees for requesting or taking FAMLI leave. Employees who experience retaliation may report violations at famli.colorado.gov/individuals-and-families/get-help-from-famli/job-protection-and-retaliation. (Source: famli.colorado.gov)

What is the Colorado FAMLI contribution rate for 2026?

The 2026 FAMLI contribution rate is 0.88% of gross wages, typically split 50/50 between employer and employee (0.44% each). Premiums are assessed on wages up to the Social Security wage cap of $184,500 in 2026. Employers with nine or fewer employees are exempt from the employer share. (Source: famli.colorado.gov/individuals-and-families/how-famli-works/premium-and-benefits-calculator)

How do I apply for Colorado paid family leave?

Claims are filed through the My FAMLI+ portal at myfamliplus.state.co.us. Applications may be submitted up to 30 days before a planned leave start date. A health care provider form is required for medical leave claims. Claimants may also call the FAMLI Contact Center at 1-866-CO-FAMLI (1-866-263-2654), Monday–Friday, 7:30 a.m.–4:30 p.m. Mountain Time. (Source: famli.colorado.gov/individuals-and-families/my-famli)

Can Colorado FAMLI leave be taken intermittently?

Yes. FAMLI leave may be taken on a continuous basis, intermittently, or as a reduced work schedule, depending on the qualifying reason. Intermittent FAMLI leave is available for all qualifying reasons. (Source: famli.colorado.gov/individuals-and-families)

How long is maternity leave for fathers in Colorado?

Non-birthing parents — including fathers, same-sex partners, and adoptive parents — are entitled to the same FAMLI parental bonding leave as birthing parents: up to 12 weeks of paid leave at wage replacement rates up to $1,381.45 per week (2026). If both parents are eligible Colorado employees, each parent has a separate, independent 12-week entitlement. Federal FMLA bonding leave also applies equally to both parents for FMLA-eligible workers. (Source: famli.colorado.gov/individuals-and-families/reasons-to-take-famli-leave/parental-bonding-leave)

Sources & Verification Log

Sources & Legal References
Section Source URL Date Verified
Paid Sick Leave — HFWA statute Colorado General Assembly leg.colorado.gov/bills/sb20-205 March 2026
Paid Sick Leave — CDLE leave page Colorado CDLE cdle.colorado.gov/.../leave March 2026
HFWA — Qualifying reasons CDLE Paid Leave Poster cdle.colorado.gov/.../paid-leave-poster.pdf March 2026
HFWA — Family member definition CDLE Wage Protection Rules cdle.colorado.gov/.../wage_protection_rules.pdf March 2026
FAMLI — Program overview Colorado Division of FAMLI famli.colorado.gov March 2026
FAMLI — 2026 premium rates famli.colorado.gov — employers famli.colorado.gov/employers March 2026
FAMLI — Premium & benefit calculator famli.colorado.gov famli.colorado.gov/.../benefits-calculator March 2026
FAMLI — Rules & guidance FAMLI Rules famli.colorado.gov/rules-guidance March 2026
FAMLI — Eligibility ($2,500 wages) FAMLI Individuals FAQ famli.colorado.gov/.../faqs March 2026
FAMLI — NICU leave famli.colorado.gov famli.colorado.gov/.../paid-neonatal-care-leave March 2026
FAMLI — FMLA interaction FAMLI Division famli.colorado.gov/.../famli-and-fmla March 2026
FAMLI — Employer FAQs famli.colorado.gov famli.colorado.gov/employers/employer-faqs March 2026
FAMLI — Self-employed coverage famli.colorado.gov famli.colorado.gov/.../self-employed-workers March 2026
FAMLI — Claims portal famli.colorado.gov famli.colorado.gov/.../my-famli March 2026
FMLA U.S. Department of Labor dol.gov/agencies/whd/fmla March 2026
FMLA Complaint filing U.S. DOL WHD dol.gov/.../complaints March 2026
Domestic violence leave Colorado CDLE cdle.colorado.gov/.../leave March 2026

Others

California
Florida
Massachusetts
Washington
New Jersey
New York
Texas
Oregon

This page compiles information from official government sources for general reference purposes. It does not constitute legal advice. Employment law is subject to legislative changes and judicial interpretation. For specific compliance questions, consultation with a licensed attorney in Colorado is recommended. Last updated: March 2026.