Colorado Paid Time Off Policy - PTO
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Law and Policy Group Colorado high court bans use-it-or-lose-it vacation policies. Colorado employers that provide vacation cannot include a forfeiture provision in the policy, the state supreme court has ruled. In Nieto v.
This latest renewal took effect on January 16, 2022 and is effective until April 16, 2022, unless the secretary renews the declaration again or determines COVID-19 is no longer a public health emergency.
The revised rule clarifies that if accrued paid time off regardless of its label is usable for vacation, then it is earned and determinable and must be paid at termination rather than forfeited, even if the leave can be used for other reasons.
Colorado's HFWA allows most Colorado employees to accrue paid sick time off at the rate of one hour for every 30 hours worked, up to 48 hours per year, and allows employees to carry over up to 48 hours year-to-year.
Forfeiture of Accrued PTO Is Illegal As we previously reported, in June 2021 the Colorado Supreme Court in Nieto v. Clark's Market, Inc., held that Colorado's Wage Protection Rule 2.17 forbids the forfeiture of any accrued vacation pay in an employment policy or agreement.
The impact of the ruling is significant, as so-called use-it-or-lose-it vacation policies, which have become commonplace for Colorado employers, are now prohibited as a matter of law under Colorado's Wage Claim Act (the Act).
Unused Vacation Pay in ColoradoState law in Colorado does not require employers to provide vacation pay. However, justices held that if employers decide to provide vacation pay, accrued time cannot be forfeited once it has been earned. Which means all earned vacation time must be paid out to employees upon separation.
An employee's vacation will roll over year to year, but once he or she reaches 17.5 days, no more vacation will accrue until the vacation bank falls below that amount.
A maximum of 40 hours of accrued and unused PTO time may be carried over from one calendar year to the next. Employees will not be able to "sell" unused PTO hours back to the company unless authorized by the company president.
