What benefits can servers get in Colorado?

ColoradoVerified September 23, 2026

The short answer

FAMLI paid leave, sick pay at the full minimum, and a state EITC. Once you’ve earned $2,500 in Colorado over about a year, FAMLI can pay up to 12 weeks of leave at up to 90% of your average weekly wage, capped at $1,448 a week. Every employer owes up to 48 hours of paid sick leave. The Colorado EITC is 50% of your federal credit for 2025, then 25% from 2026.

The rule in Colorado

FAMLI paid leaveUp to 12 weeks a year for bonding, your own or a family member’s serious health condition, military family needs, safe leave, or neonatal care, plus up to 4 more for pregnancy or childbirth complications. Apply in My FAMLI+.
Who qualifies$2,500 in Colorado wages subject to FAMLI premiums in the last 5 completed calendar quarters.
Weekly benefitUp to 90% of your average weekly wage, with lower earners getting a higher percentage, capped at $1,448 a week from July 1, 2026. Job protection after 180 days with your employer.
Paid sick leave (HFWA)All employers, all employees including part-time: 1 hour per 30 worked from your first day, up to 48 hours a year. Paid at least the minimum wage, including any tip credit.
Colorado EITCRefundable: 50% of your federal EITC for tax year 2025, 25% for 2026 and later. Filers under 25 without children and ITIN filers can claim it on form DR 0104TN.
Family Affordability Tax CreditA refundable credit for children under 17 for tax years 2024 and 2025 (AGI up to $85,000 single for 2025). Not available for tax year 2026.
Health First ColoradoColorado’s Medicaid program. Apply through PEAK. New federal rules will affect some adults 19 to 64.
Colorado Premium Assistance, 2026Automatic extra help on Connect for Health Colorado plans for households under 400% of the poverty level who get premium tax credits: $80 for the first member and $29 for each additional, or the remaining premium if less.
“Most Colorado employees are eligible for FAMLI leave after they have earned $2,500 in total wages within Colorado during the last 5 completed calendar quarters.” (Colorado FAMLI: individuals and families FAQs)

What’s different in Colorado

Colorado’s sick leave rule speaks to tipped pay directly. The state labor division says sick pay has to be at least the minimum wage and include any tip credit, so a server on the tipped cash wage is paid the full minimum for a sick shift, not the lower rate. The 48-hour cap is also higher than the 40 hours in states like New Jersey and Oregon.

Tax credits are shrinking. The state EITC, which also covers workers under 25 with no kids, halves for tax year 2026, and the Family Affordability credit pauses that year. File your 2025 return with both in mind. Plus the federal programs.

Official sources

Last verified

. Checked the agency pages linked above.

Still open: The FAMLI FAQ gives the premium rate only through 2025, and doesn’t say how tips count in your average weekly wage. OmniSalud’s extra savings for undocumented residents were limited by lottery for 2026.

Related

TipMax Answers explains public government guidance on pay and workplace rules in plain English for tipped workers. It is not legal, tax, or accounting advice. Rules change and local rules can add to them. Confirm with the agency linked on this page or a qualified professional. TipMax the app helps you track tips and pay; it doesn’t enforce wage law or decide disputes.