Can employers in Colorado require a doctor’s note any time an employee calls in sick?
By Por Jaijongkit at The Colorado Sun
NO
Employers in Colorado may request “reasonable documentation” for sick leave only if an employee takes off four or more consecutive days.
Policies that require doctor’s notes for absences less than four days, or that require them before granting sick leave, violate the Colorado Healthy Families and Workplaces Act. The law grants all employees — part time and full time — one hour of sick leave for every 30 hours worked, up to 48 hours per year. Sick leave must be paid at the same rate as working hours.
Sick leave can be used for health reasons, such as illness, injury or caring for a family member, and safety reasons, including a public health emergency, domestic abuse or unexpected events like wildfires that force employees from their homes.
Documentation for absences of four or more consecutive days only needs to show the leave is for a valid reason under the law.
This fact brief is responsive to conversations such as this one.
Sources
- Colorado Department of Labor and Employment Interpretive Notice & Formal Opinion (“INFO”) #6B: Paid Sick Leave under the Healthy Families and Workplaces Act
- Colorado Department of Labor and Employment Colorado Healthy Families and Workplaces Act
- A Better Life Know Your Rights: Colorado Paid Sick Time
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