Colorado Domestic Violence Leave Laws: FAMLI, HFWA, § 24-34-402.7

If you’re a victim of domestic violence in Colorado, three separate laws give you a right to take time off work, and Colorado domestic violence leave rules differ sharply depending on which one you use. C.R.S. 24-34-402.7 gives up to three working days per year at larger employers. The Healthy Families and Workplaces Act (HFWA) lets any Colorado employee use up to 48 hours of paid sick leave for domestic violence purposes. And the Family and Medical Leave Insurance (FAMLI) program pays wage-replacement benefits for up to 12 weeks of “safe leave.” Which one fits your situation depends on your employer’s size, how long you’ve worked there, and whether you or a family member is the victim.

Three Days Under C.R.S. 24-34-402.7

Colorado’s dedicated domestic violence leave statute requires employers to let a qualifying employee take up to three working days off in any 12-month period if the employee is a victim of domestic abuse, stalking, sexual assault, or another crime that a court has found involves domestic violence.¹ The leave can be paid or unpaid, depending on your employer’s policies.

This law does not cover every worker. It applies only to employers with 50 or more employees, and you must have worked for that employer for at least 12 months.¹ Smaller employers and shorter-tenured employees fall outside its reach, though the HFWA and FAMLI usually pick up the slack.

What the Leave Can Be Used For

The employee must be the victim personally. Unlike the paid sick leave law, this statute does not extend to employees whose family members are victims. The leave must be used to:

Seek a protection order against further domestic abuse
Get medical or mental health care for the employee or the employee’s children to address injuries from the abuse
Make the current home safe from the abuser, or find new housing
Obtain legal help and attend court proceedings related to the abuse

Those four categories are the only qualifying purposes.¹

Notice and Documentation

Except when you face imminent danger, the statute requires advance notice following the employer’s normal leave-request procedures. Employers can ask for documentation supporting the need for leave, but the law does not spell out what forms of proof are acceptable.¹ A police report, protection order, or medical record would typically satisfy an employer. Demanding excessive proof from someone in a dangerous situation would likely be treated as interference with the employee’s rights under the statute.

Paid Sick Leave Under the HFWA

The Healthy Families and Workplaces Act covers every employer in Colorado regardless of size, and every employee begins accruing paid sick leave from their first day.² You earn one hour of paid sick leave for every 30 hours worked, up to 48 hours per year. Unused hours carry forward, though employers are not required to let you use more than 48 hours in a single year.

The HFWA specifically allows employees to use this paid sick leave when the employee or a family member has been the victim of domestic abuse, sexual assault, or harassment. Qualifying purposes include medical care, counseling, services from a victim-services organization, relocation, and legal proceedings.²

Two features make HFWA leave broader than the dedicated statute. It covers employees at businesses of any size, and it extends to situations where a family member is the victim rather than the employee personally. For part-time workers, newer employees, or anyone at a small company, HFWA sick leave is often the most accessible option.

Up to 12 Weeks of FAMLI Safe Leave

Colorado’s Family and Medical Leave Insurance program began paying benefits in January 2024 and includes a category called “safe leave” for employees dealing with domestic violence or sexual assault.³ Eligible employees can receive up to 12 weeks of paid leave per year, by far the longest option available.

Eligibility requires earning at least $2,500 in wages subject to FAMLI premiums over roughly the prior year.³ Most Colorado workers already have FAMLI premiums deducted from their paychecks, so anyone who has worked regularly clears that threshold.

Wage replacement uses a tiered formula. The portion of your average weekly wage up to 50 percent of the state average weekly wage is replaced at 90 percent. Everything above that is replaced at 50 percent, up to a cap. For 2026, the maximum weekly benefit is $1,381.45.⁴ Lower-wage workers receive a higher percentage of their normal pay; higher earners are more likely to hit the cap.

Retaliation and Confidentiality Protections

Under C.R.S. 24-34-402.7, employers cannot fire, demote, or otherwise discriminate against an employee for taking or requesting leave, and cannot interfere with or restrain an employee’s attempt to exercise those rights.¹ Subtle retaliation counts. Reduced hours, reassigned duties intended to push someone out, or a hostile environment after a leave request all fall within the statute’s reach.

Confidentiality is a legal requirement, not just a best practice. All information related to the employee’s domestic violence leave must be kept confidential by the employer.¹ Documentation, the reason for the leave, and the employee’s situation should stay out of general personnel files and away from coworkers or managers who don’t need to know. A breach of confidentiality could itself be treated as interference with the employee’s rights.

Where Federal Law Adds to Colorado’s Protections

Federal law overlaps with Colorado’s protections in several places, and you can generally rely on whichever law gives you more favorable treatment.

FMLA

The federal Family and Medical Leave Act does not specifically mention domestic violence, but it provides up to 12 weeks of unpaid, job-protected leave for a serious health condition. Injuries or psychological trauma from domestic violence can qualify. FMLA eligibility requires a covered employer (50 or more employees within 75 miles), at least 12 months of employment, and at least 1,250 hours worked in the prior year.⁵ Colorado’s dedicated DV leave statute has no 1,250-hour minimum, which matters most for part-time employees who have been at a company long enough but haven’t logged enough hours for FMLA.

Title VII

The Equal Employment Opportunity Commission has said that firing, demoting, or harassing domestic violence victims can violate Title VII’s ban on sex discrimination when it’s driven by sex stereotypes. Terminating someone because of fears about the “drama battered women bring to the workplace,” or assuming a male applicant can’t be a real victim of domestic violence, both violate Title VII in the EEOC’s view.⁶

OSHA

No specific OSHA standard addresses domestic violence, but the General Duty Clause requires employers to provide a workplace free from recognized hazards likely to cause death or serious physical harm. When an employer learns of threats, intimidation, or prior workplace incidents tied to an employee’s domestic situation, OSHA considers the employer on notice and expects a prevention response, such as security measures and safety planning.⁷

Suing an Employer Who Denies Leave

The enforcement mechanism under C.R.S. 24-34-402.7 is a private civil lawsuit. The statute is explicit that the sole remedy is a civil suit for damages, equitable relief, or both in a Colorado district court.¹ There is no administrative complaint process through the Colorado Civil Rights Division for violations of this particular statute.

Damages are limited to wages and benefits the employee would have earned up to the date of judgment if the violation had not occurred, and the employee must mitigate damages by accepting reasonable alternative work.¹ Equitable relief could include reinstatement or an order requiring policy changes, though the statute does not list specific remedies by name.

The statute does not mention emotional distress damages, punitive damages, or attorney’s fees. That matters when you’re deciding whether to sue, because a lawsuit over three days of lost wages may not justify the legal costs on its own. If the same conduct also violates FAMLI, the HFWA, or federal antidiscrimination law, those frameworks may open up broader remedies and administrative complaint routes. An employee whose employer both denied domestic violence leave and fired them could pursue claims under more than one statute.

1
Justia. Colorado Code 24-34-402.7 – Unlawful Action Against Employees Seeking Protection
2
Colorado Department of Labor and Employment. Colorado Healthy Families and Workplaces Act
3
Family and Medical Leave Insurance (FAMLI). Individuals and Families
4
Family and Medical Leave Insurance (FAMLI). Rules and Guidance
5
U.S. Department of Labor. FMLA Frequently Asked Questions
6
U.S. Equal Employment Opportunity Commission. Questions and Answers on the Application of Title VII and the ADA to Applicants or Employees Who Experience Domestic Violence
7
Occupational Safety and Health Administration. Workplace Violence – Enforcement