How Many Vacation Days Can You Roll Over in Colorado?

By Alice Nichols

Are you planning to take a vacation but worried about losing your unused vacation days? In Colorado, there are laws that protect employees from forfeiting their earned benefits. However, it’s important to understand the rules around vacation rollover to ensure you don’t miss out on your well-deserved time off.

Understanding Colorado Vacation Laws

In Colorado, employers are not required by law to provide paid vacation time to their employees. However, if an employer does offer this benefit, they must follow certain guidelines outlined in the Colorado Wage Act.

According to the law, any earned and unused vacation time is considered wages and must be paid out upon termination of employment. This means that if you leave your job or are let go, your employer must compensate you for any unused vacation days.

Maximum Vacation Rollover

While Colorado law doesn’t mandate employers to offer paid vacation time, it does regulate how much vacation time can be rolled over from year to year. As per Colorado wage laws, an employee is entitled to carry over a maximum of 40 hours of unused vacation time each year.

If an employee has more than 40 hours of unused vacation days at the end of the year, they will forfeit any excess days unless their employer agrees otherwise.

Exceptions

There are some exceptions to this rule. For example, if an employee’s collective bargaining agreement or employment contract states that they can carry over more than 40 hours of unused vacation days each year, then the agreement or contract will supersede state law.

Additionally, if an employer has a “use-it-or-lose-it” policy in place for any excess vacation days beyond the maximum rollover limit of 40 hours and gives proper notice (usually in writing), then this policy is valid and enforceable under state law.

Final Thoughts

As an employee in Colorado, you have the right to take your earned vacation days. The state’s wage laws protect your right to be compensated for unused vacation time upon termination. However, it’s essential to be aware of the maximum rollover limit and any exceptions that may apply to your situation.

By understanding Colorado’s vacation laws, you can plan your time off accordingly and avoid losing any unused vacation days. Remember to always read and understand your employment contract or collective bargaining agreement and speak with your employer if you have any questions or concerns.