Navigating Paid Leave in Colorado: Your Rights for Sick Days, Vacations, and Mental Health Breaks

If you live or work in Colorado, knowing your rights to paid time off is more important than ever. Whether you're dealing with a short-term illness, planning a vacation, or managing your mental health, Colorado law provides protections to help you take time off without risking your job. In this article, we’ll break down what you’re entitled to under the Healthy Families and Workplaces Act (HFWA)—and what to do if your employer isn't playing by the rules.

What Is the Healthy Families and Workplaces Act (HFWA)?

The HFWA is a Colorado state law that requires employers to provide paid sick leave to employees across the state. Initially passed in 2020, the law has since expanded to apply to virtually all employers, regardless of size, as of January 1, 2022.

Importantly, the HFWA ensures that both full-time and part-time employees earn sick leave, offering a crucial safety net for those dealing with health challenges, caring for family members, or handling mental health needs.

How Much Paid Leave Are You Entitled To?

Under the HFWA, Colorado employees accrue:

• 1 hour of paid sick leave for every 30 hours worked

• Up to 48 hours of paid sick leave per year

This leave can be used for a variety of personal and family health-related situations. In addition to sick leave, many employers also provide vacation time separately—though vacation policies are often governed by company guidelines, not state law.

Nevertheless, if you’ve worked consistently, chances are good you’ve earned at least some time off.

When Can You Use Paid Sick Leave?

You can use your accrued paid leave under the HFWA for:

• Your own illness, injury, or health condition

• Caring for a sick family member

• Mental health treatment or counseling

• Domestic abuse, sexual assault, or stalking recovery

• Public health emergencies, including quarantine or vaccination recovery

Additionally, employees don’t need to provide detailed medical records, especially for short absences. Rather, reasonable notice is enough—particularly if the need for leave is unforeseeable.

Do Employers Have to Offer Vacation Time Too?

While the HFWA does not mandate vacation leave, many Colorado employers offer it voluntarily. Here’s the key distinction:

• Sick Leave: Mandated by state law, protected, and must be accrued and tracked.

• Vacation Leave: Optional benefit, governed by internal company policy.

Still, if your employer has a vacation policy, they must follow it fairly. If earned vacation time is promised or contractually outlined, it may be considered part of your compensation—and you may be entitled to it even upon separation from the company.

Can You Use Paid Leave for Mental Health Days?

Absolutely. One of the most progressive features of Colorado’s HFWA is that it recognizes mental health as equally important as physical health. You can take a paid day off to:

• Attend therapy or counseling session

• Recover from anxiety or depression

• Care for a family member experiencing mental health issues

Given the growing awareness around burnout and emotional well-being, this provision empowers employees to prioritize their mental health without fear of retaliation.

What Happens If Your Employer Denies Your Paid Leave?

If your employer denies, retaliates against, or disciplines you for taking valid paid leave under the HFWA, you may have a legal claim. Additionally, employers are prohibited from asking for too much documentation, especially in emergencies.

If you believe your rights have been violated:

• Document everything – including requests and your employer’s response

• File a complaint with the Colorado Department of Labor and Employment (CDLE

• Speak to an employment attorney to understand your legal options

Final Thoughts

Between sick days, mental health needs, and vacation time, Colorado workers deserve the right to rest and recover without worrying about job loss or retaliation. Fortunately, with the protections under the Healthy Families and Workplaces Act, most employees in the state are better covered than ever before.

Still, it's essential to know your rights and speak up if something doesn’t feel right.

If you’ve been denied paid leave or faced workplace retaliation for taking time off in Colorado, the team at Mitchiner Law is here to help. We specialize in employment law and advocate for fairness in the workplace.

👉 Contact us today for a consultation and let’s make sure your rights are protected.