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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 112765
Experience:  20+ Years of Employment Law Experience
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I am on medical (using Paid Absence) leave until September

Customer Question

I am on medical (using Paid Absence) leave until September 7, 2016. I stand to lose 108 hours of ETO on August 16 as that is my anniversary date. Does Colorado allow Earned leave to be use or lose?
Submitted: 5 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under CO law and Federal law, leave is not regulated or mandated, which means the employer is allowed to have their own policies about such leave. Thus, legally, your employer can have a rule regarding leave being used or lost and if they do have that rule, it is not against any Colorado or federal employment or wage law I am afraid. Some employers will allow employees out on leave protected under Family and Medical Leave to extend time for loss of the accrued leave, but that is up to the individual employer and not by law.
Customer: replied 5 months ago.
The vacation law changed in Colorado in 2015 stating what is earned cannot be forfeited.... Did you look at recient law?
Customer: replied 5 months ago.
ETO is earned time off by my employer and PA is paid absence for sick leave. Maybe I need a Colorado labor attorney
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply.
It was changed in Colorado only to the point where if the employer has no policy in place regarding the vacation time, they cannot take it away. But the Colorado law did not change the law regarding an employer having an up front policy that puts employees on notice that if they do not use their time it can be lost.