Paid Sick Leave in Colorado: Legal Rights and Challenges for Farm Workers

In 2022, Colorado enacted the Healthy Families and Workplaces Act, which requires all employers to provide 1 hour of paid sick leave for every 30 hours worked, up to 48 hours per year, regardless of the size or profits of the employer. Paid sick leave must be compensated at the employee's regular rate of pay. Under this law, employees have the right to use paid sick leave for reasons such as personal illness, caring for a family member, domestic violence, and public health emergencies. Employees are also protected from retaliation by employers for using their earned paid sick leave. If an employee believes they have experienced retaliation for using paid sick leave, they are encouraged to file a report with the Colorado Department of Labor and Employment at 303-318-8000.

In a study that utilized data from the National Health Interview Survey, paid sick leave was shown to lower the likelihood of nonfatal workplace injuries by 28%. This substantial decrease provides insight into one of the reasons why paid sick leave is necessary for not only the health of workers but also their safety.

Paid sick leave is highly important for everyone because it helps prevent the spread of contagious illnesses, protects public health, and allows much-needed recovery and rest for the body to heal. This is beneficial to employees and employers alike because it reduces the likelihood of additional employees becoming ill, protecting individual health and overall productivity. A healthy person is far more capable of performing physically demanding jobs like agricultural work. However, not everyone knows their rights regarding paid sick leave, and of those who do, many prefer not to take this time due to a variety of reasons within the agricultural industry.

Earlier this year, Project Protect interviewed 121 workers to assess the implementation of paid sick leave in Colorado’s agricultural industry. The 2026 Paid Sick Leave Questionnaire identified several concerns regarding paid sick leave among Colorado farm workers.

In the 2026 survey, 45% of respondents answered that they do not get paid when they are not working. This is a relatively common issue due to a multitude of reasons, including a lack of awareness of employee rights and limited resources to enforce these laws before violations occur. When asked whether they thought they would experience negative action from employers for missing work because of illness, over 20% of respondents stated that they believed they would face consequences such as job loss or retaliation. Additionally, 36% of respondents stated that they did not know whether they would face negative action. A workforce that is afraid to utilize paid sick leave is more vulnerable on an individual and collective basis.

When asked what information they received from their employer regarding paid sick leave, 43% of respondents stated that they received no information about these rights. Under the Healthy Families and Workplaces Act, Colorado employers are required by law to inform employees of their paid sick leave rights. However, when respondents were asked how they received this information, 31% stated that they received it verbally, while 47% stated that they received no notification at all. This raises questions regarding the communication of legal rights related to employment. Many employees do not have the time or resources to research all of the rights guaranteed to them under local, state, and federal laws.

Although paid sick leave is legally protected, the primary issue is not necessarily legality. Instead, many farm workers face practical and financial barriers that make taking time off extremely difficult. Farmers are often unable to find temporary replacements to cover their responsibilities while they recover from an illness. Without adequate coverage, essential work may go unfinished.

Farming is highly seasonal, making it difficult to postpone work. Weather conditions, climate, and timing all affect agricultural production, and missing critical workdays can negatively impact an entire season. Taking time off often results in lost income. For many agricultural workers, fewer hours worked can mean they struggle to make it through the winter months. Employees may avoid taking sick leave because they do not want to place additional responsibilities on family members. This sense of obligation can discourage workers from taking the time needed to recover.

Although Colorado law guarantees paid sick leave and protects employees from retaliation, many workers continue to face barriers that prevent them from using these benefits. Labor shortages, seasonal demands, financial pressures, physically demanding work, and limited awareness of employee rights all contribute to workers choosing to work while sick rather than taking earned paid leave. Many respondents stated that their concerns centered on compensation and providing income for their families. Although paid sick leave is a legal right, for some, it is also a luxury due to the unique nature of agricultural work in Colorado. However, Colorado is only one of 21 states in the United States that has some form of statewide paid leave. It is important to understand that rights guaranteed to workers vary greatly based on state laws and employer policies. There are numerous gaps in research regarding agricultural workers and paid sick leave. This lack of research creates less urgency to address the issues that continue to affect the agricultural community and the health of its workers.

Project Protect is filling in these gaps to ensure that the needs of workers are understood and employers in the agricultural industry are not able to avoid implementation of costly, but necessary protections for the workforce.