Colorado meal breaks, rest breaks, and the Healthy Families act
Quick tips
- Retail and service employers owe both a meal period and paid rest breaks.
- Sick leave accrues at one hour per 30 worked, capped at 48 hours per year.
- Carryover of up to 48 unused hours is required.
- Colorado has daily overtime rules in addition to the weekly threshold.
Colorado meal and rest break requirements
Under the COMPS Order, employees working more than five consecutive hours are entitled to an unpaid 30-minute meal period. The break is unpaid only when the employee is fully relieved of duty; if the nature of the work prevents relief, the meal period is paid.
Employees are also entitled to a paid 10-minute rest break for every four hours worked, or major fraction of four hours. Rest breaks should fall in the middle of each work period where practical rather than at the beginning or end of a shift.
Rest break coverage is defined by industry. The COMPS Order reaches retail and service, food and beverage, health and medical, and commercial support services, which covers most storefront operations.
The Healthy Families and Workplaces Act
Colorado employees accrue one hour of paid sick leave for every 30 hours worked, up to 48 hours per year. The law applies to all employers and all employees, with part-time staff accruing at the same rate as full-time.
Employees may carry over up to 48 hours of unused paid sick leave into the following year. The 48-hour figure is higher than California 40-hour use cap, so a multi-state operator cannot simply reuse a California configuration here.
The act also includes a public health emergency provision requiring supplemental leave when a declared emergency is in effect, on top of the standard accrual. Qualifying reasons for leave have been expanded in recent years beyond the original list.
Colorado daily overtime
Colorado requires overtime for hours beyond 40 in a workweek, beyond 12 in a workday, or for 12 consecutive hours worked regardless of when the workday starts, whichever produces the greater payment.
The consecutive-hours rule is the one that surprises people, because it can trigger without a single calendar day exceeding 12 hours. Set the overtime threshold in store payroll settings to match and review hours mid-period rather than after payroll closes.
Verify before you set policy
This guide is general information for store operators, not legal advice. Break and paid sick leave rules change, and city ordinances can be stricter than state law. Verify the current requirements with your state labor agency or an employment attorney before setting policy.
Common questions
- Does Colorado require paid rest breaks?
- Yes, for employees in industries covered by the COMPS Order, which includes retail and service. The requirement is a paid 10-minute rest break for every four hours worked or major fraction thereof, positioned in the middle of the work period where practical.
- How much paid sick leave do Colorado employees earn?
- One hour for every 30 hours worked, up to 48 hours per year, under the Healthy Families and Workplaces Act. Up to 48 unused hours carry over into the following year, and a separate public health emergency provision can require supplemental leave.
- Does Colorado have daily overtime?
- Yes. Overtime is owed for hours beyond 40 in a workweek, beyond 12 in a workday, or for 12 consecutive hours worked, whichever calculation results in the greater payment.
Keep reading
Meal and rest break rules by state: what store owners need to know
There is no federal meal break requirement. Whether you owe a break, how long it runs, and whether it is paid all depend on the state your store operates in.
Paid sick leave laws by state: accrual, caps, and carryover
Most state laws accrue one hour per 30 or 40 hours worked, then diverge on caps, carryover, and waiting periods. Those differences are where multi-state operators get caught.
Control overtime costs during the pay period, not after payday
Overtime is cheapest to fix mid-week. Reports show the climb while you can still move a shift.