When it comes to sick leave, your handbook should reflect what the law requires

Q           Can we uphold our employee handbook policy that states employees are eligible for sick leave after 90 days of employment, or must we adhere to state sick leave laws that say they should be eligible upon being hired?

Your handbook must account for differing eligibility qualifications for sick leave under state and federal law. For example, Colorado’s Healthy Families and Workplaces Act requires employers to notify employees that they’re entitled to paid sick leave as soon as their employment begins (specifically, at least one hour of paid sick leave for every 30 hours worked).

Your handbook may state that employees may not take leave during the first 90 days of their employment unless that leave is protected by law. It should also detail the protected leaves to which your employees are entitled.

Joseph Robertson is an attorney with Holland & Hart LLP in Denver, Colorado, and can be reached at jcrobertson@hollandhart.com.