Colorado wage law does not require that vacation time be given. Colorado wage law does not require paid vacation and does not require that an employer establish a vacation policy.
An employer may establish a vacation policy in writing or by custom and practice. Employees must be made aware of the employer's policy. Employers and employees must follow established policy unless and until that policy is changed. The Division recommends that employers develop their vacation policy in consultation with legal counsel.
Vacation as Wages or Compensation
Colorado wage law provides that vacation pay, earned in accordance with the terms of any agreement, is classified as wages or compensation. If an employer provides paid vacation for an employee, the employer shall pay upon separation from employment all vacation pay earned and determinable in accordance with the terms of any agreement between the employer and the employee.
Granting of Vacation Leave
In general, the granting of vacation leave by an employer for a current employee is made pursuant to the employer's policy. The Division of Labor Standards and Statistics does not intervene in disputes involving the scheduling of vacation leave or the denial of use of vacation leave for current employees.
- Advisory Bulletin: Vacation Pay, 5(I)
- Colorado Revised Statutes 8-4-101(14)(a)(III) (Vacation Pay)
- Wage Protection Act Rules 7 CCR 1103-7, Rule 2.15 (Vacation Pay)
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