Colorado Extends Military Leave for National Guard and Reserve Members to Three Weeks

What Changed

Colorado enacted HB23-1045, which extends the annual military leave entitlement for members of the Colorado National Guard and the U.S. Reserve Forces from 15 days to the equivalent of three weeks of work on the employee's regular work schedule. The bill applies to both public and private employers.

Under the new law, eligible employees may use any available paid leave during their military leave period, or take the leave unpaid. The shift from a fixed 15-day allotment to "three weeks of work" on the employee's regular schedule means the actual number of days varies based on the employee's normal work pattern.

Who Is Affected

All Colorado employers — both public and private — who employ members of the Colorado National Guard or the U.S. Reserve Forces. There is no employer size threshold; the law applies to all employers regardless of headcount.

Eligible employees are those who are members of the Colorado National Guard or any reserve component of the U.S. armed forces who are called to training or active state military service.

Where It Applies

Colorado statewide, applicable to all public and private employers.

When It Takes Effect

March 10, 2023. The law applies to all leave requests made on or after this date.

Why It Matters

This change provides additional leave time for military service members and clarifies that the entitlement is based on the employee's regular work schedule rather than a fixed number of calendar days. For employers, this means updating leave tracking to reflect the new three-week standard and ensuring that military leave policies are correctly calibrated to each employee's schedule.

Combined with the recent federal court rulings under USERRA (such as Myrick v. City of Hoover) requiring employers to provide paid military leave comparable to other forms of paid leave, Colorado employers should take a comprehensive look at their military leave policies.

The Humareso Take

This is a clean, straightforward expansion. Colorado moved from 15 days to three weeks, which for a standard five-day-a-week employee is the same — but for employees on compressed or alternative schedules, the calculation changes. Make sure your leave tracking system accounts for this. And while you're at it, pair this update with a review of your military leave pay practices in light of the USERRA developments we've been tracking. Colorado is a state that takes military protections seriously, and your policies should reflect that.

Recommended Action Steps

1. Update your military leave policy to reflect the new three-week entitlement based on the employee's regular work schedule.

2. Adjust leave tracking systems to calculate military leave based on individual work schedules rather than a flat 15-day count.

3. Review paid leave practices for military leave in light of both HB23-1045 and recent USERRA case law requiring comparable treatment.

4. Notify employees who are members of the National Guard or Reserves about the updated leave entitlement.

5. Contact your Humareso representative for assistance updating your Colorado military leave policies.