STATE PERSONNEL BOARD RULES AND PERSONNEL DIRECTOR'S ADMINISTRATIVE PROCEDURES
ColoradoRegulations
Ask Donna
How this section applies to your facts.
Code of Colorado Regulations › 100,800 Department of Personnel and Administration › 801 State Personnel Board and State Personnel Director › 4 CCR 801-1
Text
1
Department of Personnel and Administration
State Personnel Board and State Personnel Director
STATE PERSONNEL BOARD RULES AND PERSONNEL DIRECTOR’S
ADMINISTRATIVE PROCEDURES
4 CCR 801-1
[Editor’s Notes follow the text of the rules at the end of this CCR Document.]
The purpose of the State Personnel Board Rules and Director's Administrative
Procedures is to establish a comprehensive system of rules and procedures for
employees within the state personnel system. In order to distinguish the Board from the
Director’s Procedures, rules promulgated by the State Personnel Board are noted as
“Board Rules”. Rules adopted by the Board and procedures adopted by the Director
require the formal rulemaking process defined in the Administrative Procedures Act.
Pursuant to § 24-50-101(3)(b), C.R.S., it is the duty of the State Personnel Board to
provide fair and timely resolution of the cases before it. Pursuant to § 24-50-101(3)(c),
C.R.S., it is the duty of the State Personnel Director to establish the general criteria for
adherence to the merit principles and for fair treatment of individuals within the state
personnel system.
Preamble
This version reflects changes to Chapter 1: modify definition for punctuation, Chapter 3:
add a premium pay option, and a performance rating that may result in pay adjustments
being withheld, add time records to be approved timely, Chapter 5: clarify make whole
and modify reasons for leave, and Chapter 8: clarify reasons for Director’s appeals.
Code of Colorado Regulations
Secretary of State
State of Colorado
reflects changes to Chapter 1: modify definition for punctuation, Chapter 3:
add a premium pay option, and a performance rating that may result in pay adjustments
being withheld, add time records to be approved timely, Chapter 5: clarify make whole
and modify reasons for leave, and Chapter 8: clarify reasons for Director’s appeals.
Code of Colorado Regulations
Secretary of State
State of Colorado
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
2
Chapter 1
Organization, Responsibilities, Ethics, Payroll Deduction, and
Definitions
Authority for rules promulgated in Chapter 1, Organization, Responsibilities, Ethics,
Payroll Deduction, and Definitions, is found in State of Colorado Constitution Article XII,
Sections 13, 14 and 15, State of Colorado Revised Statutes (C.R.S.) §§24-50-103, 24-
50-104(8), 24-50-112.5, 24-50-116, 24-50-117, 24-50-124, 24-50-128, 24-50-129, 24-
50-130, 24-50-132, 24-50-145, 24-2-103, 24-6-402, 24-31-301-104, 24-30-2103, 24-30-
2105, 24-50.3-105, 24-50.3-105, 24-50.5-103, 24-72-201, -204.5, 25-75-112, and 24-
18-101 through 205, Title 24 Article 18, Part 1, Code of Ethics, Title 24, Article 50: 24-
50-101, 24-50-102, 24-50-103, 24-50-104, 24-50-109.5, 24-50-112.5, 24-50-114, 24-50-
116, 24-50-123, 24-50- 124, 24-50-125, 24-50-125.3, 24-50-125.4, 24-50-126, 24-50-
128, 24-50-129, 24-50-130, 24-50-134, 24-50-135, 24-50-137, 24-50-141, 24-50-203,
24-50-503, 24-50-507, 24-50-1104. Board rules are identified by cites beginning with
“Board Rule.” (01/01/2021)
General Principle
Board Rule 1-1.
The purpose of the rules promulgated herein by the Colorado State
Personnel Board (hereafter “Board”) and the Colorado State Personnel Director’s
(hereafter “Director”) administrative procedures is to provide a sound,
comprehensive system of human resources management for the employees
within the state personnel system
tes beginning with
“Board Rule.” (01/01/2021)
General Principle
Board Rule 1-1.
The purpose of the rules promulgated herein by the Colorado State
Personnel Board (hereafter “Board”) and the Colorado State Personnel Director’s
(hereafter “Director”) administrative procedures is to provide a sound,
comprehensive system of human resources management for the employees
within the state personnel system. This system recognizes employee rights,
values the differing roles and relevant contributions of various stakeholders,
allows reasonable discretion for departments to establish their own operating
practices, and ensures the Board rules and Director’s administrative procedures
(hereinafter “rules”) complement each other. It is the intent of the Board and the
Director to adopt the minimum rules necessary to ensure the least cumbersome
process possible for administering the state personnel system while meeting
legal requirements.
State Personnel Board
Board Rule 1-2. Certified state employees in the State Personnel System shall be
eligible to elect members of the Board in accordance with C.R.S. § 24-50-103
and this Rule.
A.
Eligibility to serve as a Board Member.
1.
State Personnel Board Members shall be qualified state electors in the
State of Colorado.
2.
State Personnel Board Members shall not be officers or employees of the
State of Colorado or of any state employee organization.
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
3
B.
Eligibility to vote for Board Members and to sign a nomination petition. Only
certified state employees are eligible to vote for Board Members and to sign a
nomination petition.
C.
Nomination Process.
1.
For an expiring term, the Board Director shall initiate the nomination
process no later than sixty (60) days prior to the expiration of an elected
member’s term. For any other elected member vacancy, the Board
Director shall initiate the nomination process no later than thirty (30) days
after the date of the vacancy.
2
or Board Members and to sign a
nomination petition.
C.
Nomination Process.
1.
For an expiring term, the Board Director shall initiate the nomination
process no later than sixty (60) days prior to the expiration of an elected
member’s term. For any other elected member vacancy, the Board
Director shall initiate the nomination process no later than thirty (30) days
after the date of the vacancy.
2.
To initiate the nomination process, the Board Director shall announce the
process for nominating candidates and the deadline for making
nominations.
3.
Candidates for election to the Board shall be nominated by any of the
following three methods:
a.
Nomination by Petition: Employees may nominate a candidate by
providing a petition signed by not less than fifty (50) certified state
employees by the deadline established by the Board Director. To
be valid, the nomination petition must include each certified state
employee’s full name, employee identification number, state email
address (if any), the name of the Department or Institution where
the employee works, and the employee’s signature.
b.
Personnel Director Nomination: The Colorado State Personnel
Director may nominate a candidate by providing written notice to
the Board Director by the deadline established by the Board
Director.
c.
Certified Employee Organization Nomination: The certified
employee organization as defined by C.R.S. § 24-50-1102(1) may
nominate a candidate by providing written notice to the Board
Director by the deadline established by the Board Director.
D.
Information from Departments and Institutions.
1.
Departments and Institutions shall provide the Board with a designated
contact person. The designated contact person shall facilitate
transmission of the Board’s election announcements and shall ensure the
Board receives a current list of certified state employees.
2.
Departments and Institutions shall provide the Board a list of their certified
state employees within thirty (30) days of the Board Director initiating the
nomination process
he Board with a designated
contact person. The designated contact person shall facilitate
transmission of the Board’s election announcements and shall ensure the
Board receives a current list of certified state employees.
2.
Departments and Institutions shall provide the Board a list of their certified
state employees within thirty (30) days of the Board Director initiating the
nomination process. The list shall include the employee’s full name,
employee identification number, state email address (if any), and the
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
4
employee’s date of certification. The list shall be in a searchable electronic
document.
E.
Determination of eligible candidates and next steps.
1.
The Board Director shall review the nominations to determine the total
number of eligible candidates.
2.
Uncontested election. If only one eligible candidate is nominated across
all nominating methods, the Board Director shall announce that the
election is uncontested and the candidate is deemed elected.
3.
Contested election. If more than one eligible candidate is nominated
across all nominating methods, the Board Director shall proceed to the
voting process.
4.
Failure of Nomination. If no eligible candidate is nominated across the
three nominating methods, the Board Director shall reinitiate the
Nomination Process. In this situation: (a) candidates seeking Nomination
by Petition only need to obtain five nominating signatures from certified
state employees; and (b) a fourth nomination method shall be added to
the existing methods; specifically, the Board Chair may also nominate a
candidate for election to the Board.
F.
Voting Process.
1.
To initiate voting, the Board Director shall announce: (a) the names of the
candidates; (b) instructions for voting; and (c) the deadline for completing
voting.
2.
Voting shall be completed in accordance with the Board Director’s
instructions by the deadline
dded to
the existing methods; specifically, the Board Chair may also nominate a
candidate for election to the Board.
F.
Voting Process.
1.
To initiate voting, the Board Director shall announce: (a) the names of the
candidates; (b) instructions for voting; and (c) the deadline for completing
voting.
2.
Voting shall be completed in accordance with the Board Director’s
instructions by the deadline. To ensure eligibility to vote, certified state
employees shall provide their full name, employee identification number,
state email address (if any), and the name of the Department or Institution
where they work.
3.
The Board Director shall count the votes of certified state employees.
The Board Director may retain a third-party election vendor to count the
votes and to assist with other aspects of running the election. The
candidate with the most votes is elected. Following the count, the Board
Director shall announce the election results.
G.
Contesting the Election. A certified employee may contest the Board election
pursuant to C.R.S. § 24-50-103(3)(c) only after the following:
1.
Providing written notice of the specific grounds for contesting the election.
Such notice shall be given to the Board no later than ten (10) days after
the Board announces the election results.
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
5
2.
Allowing at least twenty-one (21) days for the Board to cure the alleged
invalid election.
Board Rule 1-3.
The Board’s director, or other person with written delegation, is the
agent for service of process for any action involving the Board.
Board Rule 1-4.
The Board shall meet as often as necessary to conduct its
business, or at such other times as may be determined by the Board chairperson
or a majority of the Board. Reasonable notice of any regular or special meeting
shall be given to the Board members, interested parties, and the public as
provided in §24-6-402, C.R.S., or successor statute.
Board Rule 1-5
ion involving the Board.
Board Rule 1-4.
The Board shall meet as often as necessary to conduct its
business, or at such other times as may be determined by the Board chairperson
or a majority of the Board. Reasonable notice of any regular or special meeting
shall be given to the Board members, interested parties, and the public as
provided in §24-6-402, C.R.S., or successor statute.
Board Rule 1-5.
Unless otherwise ordered, all materials to be considered by the
Board at its monthly meeting shall be received in the Board’s office at least
fourteen (14) calendar days before the meeting. The party shall provide the
original and nine (9) copies of all materials to be considered by the Board, except
as otherwise provided in these rules.
State Personnel Director
1-6.
The Director, under a current written delegation, may delegate certain Director’s
powers to heads of principal departments and presidents of institutions of higher
education (hereafter “department”). Such delegated power is discretionary and
subject to the Director’s review. Law and the Director specify powers that shall
not be delegated outside the Department of Personnel.
1-7.
The Director may delegate any and all powers, duties, and functions to the
Division of Human Resources in the Department of Personnel.
Appointing Authority
1-8.
Executive directors of principal departments and presidents of institutions of
higher education (hereafter “department” and “department head”) are appointing
authorities for their own offices and division directors. Division directors as
defined by law are appointing authorities for their respective divisions. An
appointing authority may delegate in writing any and all human resource
functions, including the approval of further delegation beyond the initial designee
tions of
higher education (hereafter “department” and “department head”) are appointing
authorities for their own offices and division directors. Division directors as
defined by law are appointing authorities for their respective divisions. An
appointing authority may delegate in writing any and all human resource
functions, including the approval of further delegation beyond the initial designee.
In the area of corrective, disciplinary, or other actions that have an adverse effect
on base pay, status, or tenure, each department shall establish a written
document specifying the appointing authority for each individual employee and
this information shall be made available to the employee.
1-9.
Appointing authority powers include, but are not limited to: hiring and evaluating
performance; determining the amount and type of any non-base incentive within
policies issued by the Director and the department’s written plan; defining a job;
administering corrective/disciplinary action; determining work hours including
meal periods and breaks, and safe conditions and tools of employment;
identifying positions to be created or abolished; assigning employees to
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
6
positions; determining work location; and accountability for any other
responsibilities in rule. (7/1/07)
1-10. Appointing authorities have a duty to ensure employees are oriented to the
workplace, including communicating requirements and rights. (04/01/2020)
1-11. All appointing authorities, managers, and supervisors are accountable for
compliance with these rules and all applicable laws, including implementation of
policy directives, executive orders, Partnership Agreement, and State Entity
Agreement, if applicable. (07/01/2025)
Employee Activities
Board Rule 1-12.
Employees are required to know and adhere to personnel rules,
laws, and executive orders governing their employment
ies, managers, and supervisors are accountable for
compliance with these rules and all applicable laws, including implementation of
policy directives, executive orders, Partnership Agreement, and State Entity
Agreement, if applicable. (07/01/2025)
Employee Activities
Board Rule 1-12.
Employees are required to know and adhere to personnel rules,
laws, and executive orders governing their employment. Departments are
required to make those rules, laws, and executive orders available to employees.
Board Rule 1-13.
No employee is allowed to engage in any outside employment or
other activity that is directly incompatible with the duties and responsibilities of
the employee’s state position, including any business transaction, private
business relationship, or ownership. The employee is not allowed to accept
outside compensation for performance of state duties. This includes acceptance
of any fee, compensation, gift, reward, gratuity, expenses, or other thing of
monetary value that could result in preferential treatment, impediment of
governmental efficiency or economy, loss of complete independence and
impartiality, decision making outside official channels, and disclosure or use of
confidential information acquired through state employment. Incompatibility
includes reasonable inference that the above has occurred, may occur, or has
any other adverse effect on the public’s confidence in the integrity of state
government.
A.
If the employee receives any such form of compensation that cannot be
returned, it is to be immediately turned over to the appropriate state official
as state property except for the following. The employee may accept
awards from non-profit organizations for meritorious public contributions.
Honoraria or expenses for papers, demonstrations, and appearances
made with approval of the appointing authority may also be kept if the
activity occurs during a holiday, leave, a scheduled day off, or outside
normal work hours.
B
appropriate state official
as state property except for the following. The employee may accept
awards from non-profit organizations for meritorious public contributions.
Honoraria or expenses for papers, demonstrations, and appearances
made with approval of the appointing authority may also be kept if the
activity occurs during a holiday, leave, a scheduled day off, or outside
normal work hours.
B.
An employee shall give advance notice to the appointing authority and
take necessary steps to avoid any direct conflict between the employee’s
state position and outside employment or other activity.
Board Rule 1-14.
Employees may engage in outside employment with advance
written approval from the appointing authority. The appointing authority shall
base approval on whether the outside employment interferes with the
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
7
performance of the state job or is inconsistent with the interests of the state,
including raising criticism or appearance of a conflict.
A.
An employee may be retained by a different department through a
personal services contract to perform a different function consistent with
the requirements of Chapter 10, Personal Services Agreements.
B.
A personal services contract involving an employee shall not be used to
evade overtime.
1-15. Employment with more than one (1) department is commonly referred to as dual
employment. An employee may be employed by and receive compensation from
more than one (1) department with advance written approval of both appointing
authorities. There shall be a written agreement between the appointing
authorities that specifies the terms and conditions of the arrangement, including
any overtime considerations, prior to the start of any work assignment outside of
the first department. For further information, refer to Chapter 3, Compensation.
(07/01/2025)
Board Rule 1-16.
It is the duty of state employees to protect and conserve state
property
shall be a written agreement between the appointing
authorities that specifies the terms and conditions of the arrangement, including
any overtime considerations, prior to the start of any work assignment outside of
the first department. For further information, refer to Chapter 3, Compensation.
(07/01/2025)
Board Rule 1-16.
It is the duty of state employees to protect and conserve state
property. No employee shall use state time, property, equipment, or supplies for
private use or any other purpose not in the interests of the State of Colorado.
Board Rule 1-17.
Employees may participate in political activities subject to state and
federal laws. No state time or property may be used for this purpose.
Board Rule 1-18.
Employees have the right to associate, self-organize, and
designate representatives of their choice. Membership in any employee
organization or union is not a condition of state employment. No employee may
be coerced into joining or not joining and solicitation of members shall not occur
during work hours without the approval of the appointing authority. The
employee’s representative may confer, with prior consent from the supervisor, on
employment matters during work hours. Such conferences should be scheduled
to minimize disruption to productivity and the general work environment. A
supervisor’s consent shall not be unreasonably withheld.
Board Rule 1-19.
An employee may voluntarily and knowingly waive, in writing, all
rights under the state personnel system, except where prohibited by state or
federal law.
By law, the State Personnel Board has exclusive jurisdiction over claims
regarding, but not limited to, the following matters: 1) Disciplinary Actions as
defined by Board Rule 6-12; 2) Actions that adversely affect an employee’s pay,
status, or tenure as identified by C.R.S. § 24-50-125(5); and 3) Claims under the
State Employee Protection Act (a/k/a Whistleblower Act) by a classified state
employee. Employees who pursue these claims must do so before the State
Personnel Board.
, but not limited to, the following matters: 1) Disciplinary Actions as
defined by Board Rule 6-12; 2) Actions that adversely affect an employee’s pay,
status, or tenure as identified by C.R.S. § 24-50-125(5); and 3) Claims under the
State Employee Protection Act (a/k/a Whistleblower Act) by a classified state
employee. Employees who pursue these claims must do so before the State
Personnel Board.
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
8
In circumstances where an employee or an applicant may waive their rights
under the state personnel system, the waiver must: 1) Be made in writing; 2) Be
signed by the employee or applicant; 3) Indicate it is knowing and voluntary; 4)
Advise employees and applicants of their rights under the Colorado Constitution
at Article XII, Section 13 and under the State Personnel System Act, including
rights to appeal to the Board; and 5) Notify an employee or applicant that they
may obtain information regarding the State Personnel Board on the Board’s
website (spb.colorado/gov).
Records
Board Rule 1-20.
The Board and the Director shall maintain records of personnel
activities that have legal, administrative, or historical value in accordance with
statute. Legal value is defined as a Board appeal record less than twenty (20)
years old or the statement of basis and purpose for a rule that is in effect or was
in effect during the past five (5) years. Administrative value is defined as a record
that is less than five (5) years old and summarizes department cost efficiencies,
including staffing and workload statistics. Historical value is defined as a record
documenting a major change in the function of the Board or the Department of
Personnel.
1-21. Departments shall maintain official records in written or electronic form. Access
to records is governed by §24-72-201, C.R.S, et seq
record
that is less than five (5) years old and summarizes department cost efficiencies,
including staffing and workload statistics. Historical value is defined as a record
documenting a major change in the function of the Board or the Department of
Personnel.
1-21. Departments shall maintain official records in written or electronic form. Access
to records is governed by §24-72-201, C.R.S, et seq. Each department shall
have an authorized records custodian who is accountable for the maintenance,
access and confidentiality, and disposition of all records required by state and
federal law. The Division of Human Resources shall have access to records
required for the monitoring of delegated authorities and other official duties.
1-22. Personnel files must be shared with other departments when requested for a
reference check of a former or current employee no later than five (5) business
days from the date of request. When an employee transfers or reinstates to a
different department, all official employee records shall be forwarded to the new
department within ten (10) business days of the date of the request. Failure to
forward these records may result in liability for violation of these rules and any
applicable laws. (07/01/2025)
1-23. Official Personnel File. Each employee’s official personnel file shall include the
following and be retained ten (10) years after separation: a separate record of all
employment actions; most current application information; corrective/disciplinary
action information unless rescinded by the Board or further appeal or removed by
the appointing authority; final annual performance evaluations for at least the
past three (3) years; grievance and other dispute information; letters of
recommendation, reference, or commendation as requested; and, any other
information desired by the appointing authority. An employee shall be given a
copy of any information placed in the personnel file, except for reference checks.
(7/1/07)
d by
the appointing authority; final annual performance evaluations for at least the
past three (3) years; grievance and other dispute information; letters of
recommendation, reference, or commendation as requested; and, any other
information desired by the appointing authority. An employee shall be given a
copy of any information placed in the personnel file, except for reference checks.
(7/1/07)
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
9
1-24. Medical Records. Any medical information on the employee or a family member
shall be maintained in a separate, confidential medical file with limited access in
accordance with law.
1-25. Selection Records. Selection records shall be kept for two (2) years after
expiration of the eligible list, except when notified of a charge of discrimination. In
such a case, the record is maintained until the charge is resolved. The content of
selection records shall include all related information up to the establishment of
the eligible list. (3/30/13)
Human Resource Innovation Programs
Board Rule 1-26.
A written statement of each Human Resource Innovation Program
(HRIP) implemented by the agency shall be submitted by the head of the agency
to the State Personnel Board or State Personnel Director, as appropriate, at
1525 Sherman Street, Denver, CO, 80203, commensurate with the
implementation of each HRIP. The description shall indicate the following:
A.
In developing the HRIP, input was obtained from both management and
non-management employees in the department; and,
B.
The HRIP complies with the Colorado Constitution, statutes, and rules.
The Board shall forward HRIPs within the Director’s jurisdiction to the Director.
After review, the Director will issue a written consultation. The Board will review
each HRIP within the Board’s jurisdiction at the next regularly scheduled public
Board meeting and issue a written consultation
mployees in the department; and,
B.
The HRIP complies with the Colorado Constitution, statutes, and rules.
The Board shall forward HRIPs within the Director’s jurisdiction to the Director.
After review, the Director will issue a written consultation. The Board will review
each HRIP within the Board’s jurisdiction at the next regularly scheduled public
Board meeting and issue a written consultation.
Each department head is responsible for updating the statement and submitting
any modifications or revisions of the HRIP to the Board or Director
commensurate with such changes. (1/01/15)
Definitions
1-27. Advisor. Individual who assists a party during a grievance or the performance
management dispute resolution process by explaining the process, helping
identify the issues, preparing documents, and attending meetings. (7/1/07)
1-28. Allocation. Assignment of an individual position to the proper class.
1-29. Announcement. The published notice for a position or class that will be filled on
the basis of merit and fitness.
1-30. Applicant. An individual who applies for employment in the state personnel
system.
1-31. Applicant Pool. A group of individuals who have applied for employment in the
state personnel system.
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
10
1-32. Base Pay. An employee’s salary without premium pay. Synonymous with base
salary.
Board Rule 1-32.1. Certified. The status of an employee who has successfully
completed a probationary period or a trial service period. (3/15/11)
1-33. Class. A group of positions whose essential character (general nature of the work
and responsibilities) warrants the same pay grade, title, and similar qualifications
for entry into the class.
1-34. Class Conversion. Automatic movement of a current title and grade to a new title
and grade.
1-35. Class Description. The official written description of a class series and its levels
as issued by the Department of Personnel.
1-36. Class Placement
haracter (general nature of the work
and responsibilities) warrants the same pay grade, title, and similar qualifications
for entry into the class.
1-34. Class Conversion. Automatic movement of a current title and grade to a new title
and grade.
1-35. Class Description. The official written description of a class series and its levels
as issued by the Department of Personnel.
1-36. Class Placement. Portion of a system maintenance study in which all affected
positions are individually placed in the proper new class.
1-37. Class Series. A group of classes engaged in the same kind of occupational work
but representing different levels.
1-37.1 Comparative Analysis. A process that utilizes professionally accepted standards
that compares specific job-related knowledge, skills, abilities, behaviors and
other competencies. Such a process may be numeric or non-numeric. (3/30/13)
1-38. Competencies. Observable, measurable patterns of knowledge, skills and
abilities, behaviors, and other characteristics that employees need to
successfully perform work-related tasks.
1-38.1.
Conditional Appointments. A temporary appointment to a permanent
position approved by the Appointing Authority. The appointment applies to a
current certified employee who is qualified and temporarily promotes into a
permanent vacancy for which no eligible list exists. (04/01/2020)
1-38.2.
Conditions of Employment. Conditions of employment refer to
requirements of a position such as passing a criminal background check,
meeting travel demands, regularly lifting a specified amount of weight, driving
requirements and driver’s license requirements. Conditions of employment may
be based on job analysis and may be documented in the position description.
Note: Conditions of employment apply to a position, whereas minimum
qualifications apply to a job class. This definition is not applicable to the Colorado
Partnership for Quality Jobs and Services Act, 24-50-Part 11. (01/01/2021)
1-38.3.
Critical Positions
nts and driver’s license requirements. Conditions of employment may
be based on job analysis and may be documented in the position description.
Note: Conditions of employment apply to a position, whereas minimum
qualifications apply to a job class. This definition is not applicable to the Colorado
Partnership for Quality Jobs and Services Act, 24-50-Part 11. (01/01/2021)
1-38.3.
Critical Positions. Positions departments determine as critical to their
operations. Employees in critical positions can be FLSA exempt or nonexempt
and can be expected to work and/or remain at their worksite in delayed start,
early release, or closure situations. (04/01/2020)
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
11
Board Rule 1-39.
Day. Calendar day unless otherwise specified.
Board Rule 1-40.
Department. One of the principal departments defined in law and
institutions of higher education.
Board Rule 1-40.1. Departmental Reemployment List. A list which is established on a
departmental basis, as listed in Chapter 7, Separation, containing the names of
certified employees who meet one (1) of the following conditions: (a) separated
from employment due to layoff; (b) voluntarily demoted in lieu of layoff or as a
result of a position’s reallocation; and/or (c) former position no longer exists upon
return from an exempt position accepted at the request of the governor or other
elected or appointed official and the employee is laid off. (3/15/11))
Board Rule 1-41.
Disciplinary Suspension. A type of disciplinary action in which an
employee is not allowed to work and is not paid for a specified period of time.
Board Rule 1-42.
Dismissal. Disciplinary termination of employment.
1-43. Eligible List. A list of persons who have successfully passed through a
comparative analysis and may be considered for appointment. Referrals are
drawn from this list. (1/1/14)
Board Rule 1-44.
Employee. An individual who occupies a full-time or part-time
position in the state personnel system.
Board Rule 1-45
eriod of time.
Board Rule 1-42.
Dismissal. Disciplinary termination of employment.
1-43. Eligible List. A list of persons who have successfully passed through a
comparative analysis and may be considered for appointment. Referrals are
drawn from this list. (1/1/14)
Board Rule 1-44.
Employee. An individual who occupies a full-time or part-time
position in the state personnel system.
Board Rule 1-45.
Employment Lists. Statutory term that includes promotional and
open-competitive eligible lists and reemployment lists.
1-45.1.
Essential Positions. Positions that perform essential law enforcement,
highway maintenance, and other support services directly necessary for the
health, safety, and welfare of patients, residents, and inmates of state institutions
or state facilities. Employees in essential positions can be only FLSA nonexempt
and can be required to work unexpected or unusual work hours to perform the
essential and/or emergency services of the department without delay and/or
without interruption. (04/01/2020)
1-46. Examination. A numerical assessment of job-related competencies, knowledge,
skills, abilities and job fit to screen applicants for the eligible list. (3/30/13)
Board Rule 1-47.
Exempt Employee. One who is not eligible for overtime.
1-47.1.
Fair Labor Standards Act (FLSA). The Fair Labor Standards Act (FLSA) is
a federal law that establishes minimum wage, overtime pay, recordkeeping, and
youth employment standards affecting employees in the private sector and in
Federal, State, and local governments. Special rules apply to State and local
government employment, including but not limited to: (a) compensatory time off
instead of cash overtime pay, (b) fire protection and law enforcement activities,
and (c) volunteer services. (07/01/2025)
nimum wage, overtime pay, recordkeeping, and
youth employment standards affecting employees in the private sector and in
Federal, State, and local governments. Special rules apply to State and local
government employment, including but not limited to: (a) compensatory time off
instead of cash overtime pay, (b) fire protection and law enforcement activities,
and (c) volunteer services. (07/01/2025)
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
12
1-48. Full-Time. A position scheduled and budgeted for 2080 hours per fiscal year.
(04/01/2020)
Board Rule 1-49.
Good Cause. Any cause not attributable to a party’s or counsel’s
act or omission, including but not limited to: death or incapacitation of a party or
the attorney for the party; a court order staying or otherwise necessitating a
continuance; a change in the parties or pleadings sufficiently significant to require
a postponement; a showing that more time is clearly necessary to complete
authorized discovery or other mandatory preparation for hearing; or agreement of
the parties to a settlement which has been or will likely be approved by the final
decision maker.
A.
Good cause will normally not include: unavailability of counsel due to an
engagement in another judicial or administrative proceeding, unless such
other proceeding was involuntarily set subsequent to the present case;
unavailability of a necessary witness if the witness’ testimony can be taken
by telephone or deposition; or failure of an attorney to timely prepare for
the hearing.
1-50. Health Care Provider. For purposes of family/medical leave only, a doctor of
medicine or osteopathy, dentist, podiatrist, clinical psychologist, optometrist,
chiropractor limited to manual manipulation of the spine to correct a subluxation
as demonstrated by x-ray, nurse practitioner, physician’s assistant, nurse mid-
wife, Christian Science practitioner listed with First Church of Christ, Scientist in
Boston, and clinical social worker
mily/medical leave only, a doctor of
medicine or osteopathy, dentist, podiatrist, clinical psychologist, optometrist,
chiropractor limited to manual manipulation of the spine to correct a subluxation
as demonstrated by x-ray, nurse practitioner, physician’s assistant, nurse mid-
wife, Christian Science practitioner listed with First Church of Christ, Scientist in
Boston, and clinical social worker. Health care providers shall be authorized to
practice and be performing within the scope of their practice.
1-51. Independent Contractor. A firm or individual who is responsible to the state for
the results of certain work, but is not subject to the state’s control as to the
means and methods of accomplishing those results. For purposes of determining
independent contractor status, the Director will apply the criteria set forth in the
fiscal rules of the state controller, and state and federal law. Independent
contractor is synonymous with contractor for purposes of these rules. (5/1/10)
1-51.1.
In-Range Salary Movements. Permanent, base building pay adjustments
that include discretionary in-range salary movements, cost of living adjustments,
step pay, and structure adjustments. (07/01/2025)
1-52. Job Description. The official document summarizing the primary duties and
responsibilities assigned to a position by the appointing authority. Also referred to
as a position description. (07/01/2025)
1-53. Job Evaluation System. System of classes and assigned pay grades developed
by the Director. All positions are placed in the system during a system
maintenance study or are allocated when an assignment changes or a position is
created.
ummarizing the primary duties and
responsibilities assigned to a position by the appointing authority. Also referred to
as a position description. (07/01/2025)
1-53. Job Evaluation System. System of classes and assigned pay grades developed
by the Director. All positions are placed in the system during a system
maintenance study or are allocated when an assignment changes or a position is
created.
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
13
1-53.1.
Job Qualifications. Includes the minimum qualifications for a vacancy’s
class; any special qualifications, including but not limited to any required
education or experience and any licensure or certification requirements; and/or
any pre- or post-employment screening requirements. (3/15/11)
1-54. Laid Off. Involuntary non-disciplinary separation from a position in the state
personnel system or the reduction of a certified employee's position from full-time
to part-time, and, if applicable, the offer of retention rights and/or placement on a
reemployment list. (07/01/2025)
1-55. Layoff. Process of involuntarily separating an employee in the state personnel
system due to abolishment of the employee’s position based on lack of work,
lack of funds, reorganization, or displacement by another certified employee
exercising retention rights; or reducing a certified employee’s full-time position to
part-time due to an involuntary, permanent reduction of the work hours of the
employee’s position. (07/01/2025)
1-55.1.
Minimum Qualification. The type and level of education, experience,
licensure, certification, and/or any applicable substitutions required for entry into
a defined state personnel system job class. Minimum Qualifications are
established by the Director. (04/01/2020)
1-55.2.
Nonexempt Employee. Employee in a position that is eligible for overtime
under the FLSA. (04/01/2020)
Board Rule 1-55.1. Non-disciplinary Demotion. An appointment which is a voluntary
change to a class with a lower pay range maximum
plicable substitutions required for entry into
a defined state personnel system job class. Minimum Qualifications are
established by the Director. (04/01/2020)
1-55.2.
Nonexempt Employee. Employee in a position that is eligible for overtime
under the FLSA. (04/01/2020)
Board Rule 1-55.1. Non-disciplinary Demotion. An appointment which is a voluntary
change to a class with a lower pay range maximum. (3/15/11)
Board Rule 1-56.
Non-Permanent Position. A position established for a nine-month
period or less. It may be a full-time or part-time work schedule. Synonymous with
temporary. (3/30/13)
1-56.1.
Open Competitive List. A list containing the names of individuals who have
successfully completed any applicable comparative analysis process resulting
from a job announcement that was not restricted to current state employees.
(3/30/13)
1-56.2.
Partnership Agreement. An agreement between the state and the certified
employee organization regarding wages, hours, and terms and conditions of
employment for employees covered by the Colorado Partnership for Quality Jobs
and Services Act, C.R.S. § 24-50-1101 et seq. (07/01/2025)
A.
State Entity Agreements are agreements covering matters impacting
covered employees in a single state entity (department) and are included
as addendums to the Partnership Agreement. (07/01/2025)
1-56.3.
Part-Time. A position scheduled and budgeted for less than 2080 hours
per fiscal year. (07/01/2025)
lorado Partnership for Quality Jobs
and Services Act, C.R.S. § 24-50-1101 et seq. (07/01/2025)
A.
State Entity Agreements are agreements covering matters impacting
covered employees in a single state entity (department) and are included
as addendums to the Partnership Agreement. (07/01/2025)
1-56.3.
Part-Time. A position scheduled and budgeted for less than 2080 hours
per fiscal year. (07/01/2025)
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
14
1-57. Party or Parties. A person appealing and any person or department against
whom an appeal is filed.
1-58. Pay Grade. Reflects the minimum and maximum base salary rates for work in a
specific class. Individual salaries vary within the ranges depending on individual
movements in accordance with these provisions. Synonymous with pay level,
range, or band.
1-59. Pay Plans. Listing of all pay grades and their corresponding ranges for
occupational groups.
1-59.1.
Pay Plan - Medical. The pay plan that applies to classified positions in
specific class series within the Health Care Services Occupational Group. The
statutory lid for the class series pay ranges is greater than the general statutory
lid. Employees occupying these positions are compensated based solely on
performance as established in the required annual contract. (04/01/2020)
1-60. Pay Rate. Actual base pay or salary amount.
1-60.1.
Performance Cycle. The state’s performance cycle is from August 1
through July 31. The performance cycle for Institutions of Higher Education and
the Colorado School for the Deaf and Blind is September 1 through August 31 or
as approved by the Director. (07/01/2025)
Board Rule 1-61.
Permanent Position. A position that is carried on the staffing pattern
in excess of nine (9) months or on an annual, seasonal basis. It may be a full- or
part-time work schedule. (3/30/13)
Board Rule 1-62.
Position. An individual job, as defined by an appointing authority,
within the state personnel system.
Board Rule 1-62.1. Probationary
as approved by the Director. (07/01/2025)
Board Rule 1-61.
Permanent Position. A position that is carried on the staffing pattern
in excess of nine (9) months or on an annual, seasonal basis. It may be a full- or
part-time work schedule. (3/30/13)
Board Rule 1-62.
Position. An individual job, as defined by an appointing authority,
within the state personnel system.
Board Rule 1-62.1. Probationary. A person who is not a current certified employee and
who has been selected from a referral list for a permanent position but has not
yet been certified to the class for that position. (3/15/11)
1-62.2.
Promotional List. A list containing the names of individuals who have
successfully completed any applicable comparative analysis process resulting
from a job announcement restricted to current state employees or former state
employees separated from employment due to layoff. (3/30/13)
1-62.2.1.
Provisional Appointment. An immediate temporary appointment to a
position with a person from outside of the state personnel system for which no
eligible list exists. Employees with a provisional appointment do not have the
rights and benefits provided to classified employees within the state personnel
system except for those mandated by law and pay range minimums. Appointees
shall possess the minimum qualifications for the position. Appointees shall not
retain the position as provisional longer than nine (9) months from the date of
ich no
eligible list exists. Employees with a provisional appointment do not have the
rights and benefits provided to classified employees within the state personnel
system except for those mandated by law and pay range minimums. Appointees
shall possess the minimum qualifications for the position. Appointees shall not
retain the position as provisional longer than nine (9) months from the date of
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
15
entrance of duty or one (1) month after the establishment of a referral list
intended to permanently fill the position, whichever date is earlier. (04/01/2020)
1-62.3.
Qualified Applicant. An individual who submits a timely and sufficient
application in response to an announcement and meets the job qualifications for
the vacancy. (3/30/13)
1-62.4.
Qualified Applicant Pool. All individuals who are eligible to be included in
any applicable comparative analysis process because each of them satisfies the
definition of qualified applicant for the respective position or class. (3/30/13)
1-62.5.
Rank. Relative to position or degree of value. (1/1/14)
1-63. Reemployment. The right of an employee to be returned or rehired to the class
from which separated by layoff.
Board Rule 1-64.
Reemployment List. List of certified employees who were
involuntarily terminated or demoted due to layoff.
1-64.1.
Referral List. A list of the top six (6) individuals drawn from the eligible list
who are to be considered by the appointing authority. In cases in which a non-
numerical comparative analysis has been used, the appointing authority shall
also consider all applicants who are eligible for veterans’ preference.
(07/01/2026)
Board Rule 1-64.2. Reinstatement. An appointment of a former or current employee
either to a class in which the person was certified and resigned or voluntarily
demoted in good standing or to a related class at the same or lower pay range
maximum. (3/15/11)
Board Rule 1-65.
Resignation
e appointing authority shall
also consider all applicants who are eligible for veterans’ preference.
(07/01/2026)
Board Rule 1-64.2. Reinstatement. An appointment of a former or current employee
either to a class in which the person was certified and resigned or voluntarily
demoted in good standing or to a related class at the same or lower pay range
maximum. (3/15/11)
Board Rule 1-65.
Resignation. Voluntary separation from the state personnel system.
Board Rule 1-66.
Retention Credit. Credit of time and, if necessary, the calculation of
an employee’s ranking under the department’s matrix in a layoff situation, in
order to calculate the employee’s retention rights. (10/1/07)
Board Rule 1-67.
Retirement. Separation of an employee from the state personnel
system who is eligible to retire under the provisions of the state retirement plan in
which the employee is enrolled (e.g., Public Employees' Retirement Association's
defined benefit plan). (1/1/07)
1-68. Saved Pay Rate. Temporary means of maintaining current base pay during
certain situations that accommodate base pay amounts between the maximum of
a pay grade and a statutory lid.
1-69. Serious Health Condition. For purposes of family/medical leave, an illness, injury,
impairment, physical or mental condition that requires inpatient care in a hospital,
hospice, or residential medical care facility or continuing treatment by a health
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
16
care provider. Continuing treatment is a period of incapacity of more than three
or purposes of family/medical leave, an illness, injury,
impairment, physical or mental condition that requires inpatient care in a hospital,
hospice, or residential medical care facility or continuing treatment by a health
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
16
care provider. Continuing treatment is a period of incapacity of more than three
(3) calendar days, pregnancy, a chronic serious health condition, or permanent
long-term condition for which there is no treatment but the patient is under
supervision, or multiple treatments without which a period of incapacity would
result.
1-70. Service Date. The date continuous state service begins, including state
employment outside the state personnel system, but excluding temporary and
student employment. Service dates do not change except for separation from
service of more than ninety (90) days, or any break in a probationary period.
(5/1/10)
Board Rule 1-71.
Harass or Harassment. In determining whether harassment is
discrimination, “Harass” or “Harassment” is defined as set forth in C.R.S. Sec.
24-34-402(1.3).
1-72. Special Qualifications. Position specific requirements that add to but do not
substitute for existing minimum qualifications. Special Qualifications shall not
supersede nor diminish an existing minimum qualification. (04/01/2020)
Board Rule 1-73.
Status. Categories that determine the rights of an employee under
the state personnel system, i.e., probationary, trial service, certified, conditional,
provisional, and temporary.
1-73.1.
Substitute Appointment. An appointment that is made to perform the
duties of a filled position during a leave or for training purposes not to exceed
nine (9) months. Also, referred to as a s-position. (07/01/2025)
1-74. System Maintenance Study. The process used to determine classes and/or pay
grades and to properly place all affected positions into new classes. It includes
class placement.
1-74.1.
Temporary Appointee
t. An appointment that is made to perform the
duties of a filled position during a leave or for training purposes not to exceed
nine (9) months. Also, referred to as a s-position. (07/01/2025)
1-74. System Maintenance Study. The process used to determine classes and/or pay
grades and to properly place all affected positions into new classes. It includes
class placement.
1-74.1.
Temporary Appointee. This refers to a qualified person who is appointed
to a position or positions for a period not to exceed nine (9) months in any twelve
(12) month period inclusive of all temporary appointments with any state
employer. Temporary appointees include temporary, conditional, and provisional
appointments. (07/01/2025)
1-74.2.
Temporary Employee. A person who holds a temporary appointment in a
temporary position and is employed at-will, not having the rights and benefits
provided to permanent employees, except those mandated by law and pay range
minimums. (04/01/2020)
Board Rule 1-75.
Tenure. Combination of rights which vest in a certified employee by
virtue of certified status, seniority, and years of service.
Board Rule 1-76.
Termination. Separation of an employee from the state personnel
system by resignation, retirement, layoff, dismissal, or death.
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
17
Board Rule 1-76.1. Transfer. An appointment of a qualified and current employee to a
different position in the same class or to a class with the same pay grade.
(3/15/11)
1-77. Treatment. For purposes of family/medical leave, examination to determine if a
serious health condition exists, subsequent exams to evaluate the condition, and
a course of prescriptive medication or therapy requiring special equipment.
Routine exams or treatments that do not require the intervention or continuing
supervision of a health care provider are excluded.
Board Rule 1-77.1. Trial Service
Treatment. For purposes of family/medical leave, examination to determine if a
serious health condition exists, subsequent exams to evaluate the condition, and
a course of prescriptive medication or therapy requiring special equipment.
Routine exams or treatments that do not require the intervention or continuing
supervision of a health care provider are excluded.
Board Rule 1-77.1. Trial Service. Status of a current certified employee or
reemployment applicant who promotes or, unless appointing authority requires a
probationary period, a reinstated applicant. May also apply, at the discretion of
the appointing authority, to a current employee who transfers within the same
class or to a current certified employee or a reemployed applicant who transfers
to a different class with the same pay range maximum. (3/15/11)
Board Rule 1-78.
Unclassified Position. A position in state government that is not
covered by the state personnel system.
Payroll Deduction
1-79. State departments and institutions of higher education shall process payroll
deductions including but not limited to, those required by federal law, state
statute, executive order, through partnership agreements or state sponsorship,
and including: (04/01/2020)
A.
Pre-tax benefit contributions governed by the State’s Salary Deduction
Plan; and/or (04/01/2020)
B.
The reimbursement of monies owed to the state from an employee (e.g.,
higher education tuition, uniforms, salary overpayment). (04/01/2020)
C. – E.
Repealed. (04/01/2020)
1-80. All employee requests to start or terminate a payroll deduction shall be made
within specific time frames and on forms approved by the Director, department
head or their designee, except as otherwise required by law. (04/01/2020)
imbursement of monies owed to the state from an employee (e.g.,
higher education tuition, uniforms, salary overpayment). (04/01/2020)
C. – E.
Repealed. (04/01/2020)
1-80. All employee requests to start or terminate a payroll deduction shall be made
within specific time frames and on forms approved by the Director, department
head or their designee, except as otherwise required by law. (04/01/2020)
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
18
Chapter 2
Jobs
Authority for rules promulgated in this chapter is found in §24-50-101(3)(d), 24-50-
104(1)(b), 24-50- 104(5)(c), 24-50-104(6)(a) and (b), 24-50-104(9)(b), 24-50-109.5, and
24-50-135(2), C.R.S. Board rules are identified by cites beginning with “Board Rule”.
Job Evaluation System
2-1.
The Director shall establish standards regarding the creation and maintenance of
the job evaluation system(s) and allocation of positions, including subsequent
allocation appeals, based on generally accepted techniques and standards in the
profession which are uniformly applied to similarly situated employees.
2-2.
System maintenance studies create, amend, or abolish classes and/or include
pay grade assignments. A study may include the review of all affected positions
in a class or classes for placement in the current or proper new class. No
allocation or appointment may be made to a proposed class until it is approved
as final on a date determined by the Director. The results are not subject to
appeal but are subject to “meet and confer” if requested. (07/01/2025)
2-3.
Changes from system maintenance studies shall be published as proposed.
Appointing authorities are responsible for the timely distribution of this
information.
Board Rule 2-4.
Examination (“Employment and Status” chapter) and layoff
(“Separation” chapter) rules do not apply to class placement as part of system
maintenance studies.
Individual Position Review
2-5
fer” if requested. (07/01/2025)
2-3.
Changes from system maintenance studies shall be published as proposed.
Appointing authorities are responsible for the timely distribution of this
information.
Board Rule 2-4.
Examination (“Employment and Status” chapter) and layoff
(“Separation” chapter) rules do not apply to class placement as part of system
maintenance studies.
Individual Position Review
2-5.
New and vacant positions must be allocated to the proper class before any
further personnel action is taken. (07/01/2025)
2-6.
The Director, or a delegated authority, may request a job description and
evaluate a position at any time to determine the proper class.
2-7.
Each position shall have an accurate official (signed by the appointing authority)
job description. Appointing authorities are responsible for providing an accurate
official job description for each position to the department’s human resources
office and a copy to the employee. Only an accurate official job description is
used to allocate a position to the proper class by a human resources professional
certified in job evaluation. (07/01/2025)
A.
An appointing authority must submit the accurate official job description
and any evaluation request to the department’s human resources office
when permanent changes are made to a position’s assignment or the
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
19
employee has been performing the duties for six (6) months or more and
they are expected to be permanent. (07/01/2025)
1.
An employee may request an evaluation of their position if the job
description does not reflect the permanent job duties and has not
been evaluated or updated within the previous twelve (12) months.
(07/01/2025)
2.
The employee’s request must be made in writing to the appointing
authority who shall submit the request, along with the accurate
official job description, to the department’s human resources office.
(07/01/2025)
2-8
luation of their position if the job
description does not reflect the permanent job duties and has not
been evaluated or updated within the previous twelve (12) months.
(07/01/2025)
2.
The employee’s request must be made in writing to the appointing
authority who shall submit the request, along with the accurate
official job description, to the department’s human resources office.
(07/01/2025)
2-8.
Positions shall be reviewed as expeditiously as possible according to the
department’s established procedures and practices. If the evaluation takes longer than
twelve (12) months from receipt by the proper evaluator and the position is allocated
upward, the department must pay the difference in base pay for the period beyond the
twelve (12) months. (07/01/2025)
2-9.
If a filled position is allocated to a lower pay grade, the affected employee in the
position may appeal to the Director in accordance with the “Dispute Resolution”
chapter. If the employee’s appeal is successful, the effective date is the date of
the original allocation decision.
2-10. The effective date of an allocation for a filled position shall be after completion of
the selection process. Vacant positions are effective when the allocation decision
is made.
A.
If a filled position is allocated upward, an appointment shall be made in
accordance with selection provisions. If the incumbent does not qualify or
is not appointed, refer to the reallocation section of the “Separation”
chapter. (1/1/18)
B.
If a filled position is allocated downward, the following applies:
1.
a qualified certified or probationary employee is permitted to
voluntarily demote to the position. The certified employee will be
offered, in writing, the choice of the voluntary demotion or retention
rights, as applicable pursuant to 24-50-124(1)(a). If there is no
response by the specified date in the written offer, the employee is
deemed to have accepted the demotion and waived retention
rights
a qualified certified or probationary employee is permitted to
voluntarily demote to the position. The certified employee will be
offered, in writing, the choice of the voluntary demotion or retention
rights, as applicable pursuant to 24-50-124(1)(a). If there is no
response by the specified date in the written offer, the employee is
deemed to have accepted the demotion and waived retention
rights. Only after the election is made to exercise retention rights
will the certified employee be processed under the “Separation”
chapter, including notice of specific retention rights; (3/30/13)
2.
a conditional employee may revert to a position in a class in which
certified. If not certified in another class, but qualified for the new
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
20
class and no eligible list exists, the employee may be conditionally
appointed to the position;
3.
a provisional employee may be appointed to the position if qualified
and no employment list exists.
C.
If a position is allocated to a different class with the same grade maximum,
the employee who is qualified shall be transferred. If the incumbent is not
qualified, refer to the reallocation section of the “Separation” chapter.
(1/1/18)
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
21
Chapter 3
Compensation
Authority for rules promulgated in Chapter 3, Compensation, is found in State of
Colorado Constitution Article XII, Section 13, State of Colorado Revised Statutes
(C.R.S.) §§24-50-104 (1)(a), (b), (c), (e), (f), (4), (5), (6), (9), and 24-50-104.5(1), 24-50-
109.5, 24-50-136, 24-50-137, and 24-50-208, C.R.S. Board rules are identified by cites
beginning with “Board Rule.” (01/01/2021)
General Principles
3-1.
The Director shall establish rules governing compensation for the state personnel
system
on Article XII, Section 13, State of Colorado Revised Statutes
(C.R.S.) §§24-50-104 (1)(a), (b), (c), (e), (f), (4), (5), (6), (9), and 24-50-104.5(1), 24-50-
109.5, 24-50-136, 24-50-137, and 24-50-208, C.R.S. Board rules are identified by cites
beginning with “Board Rule.” (01/01/2021)
General Principles
3-1.
The Director shall establish rules governing compensation for the state personnel
system. Compensation practices shall provide an equitable pay structure that
provides consistent and predictable salary increases in compliance with state
and federal laws. (07/01/2025)
3-2.
Pay grades shall reflect competitive labor market compensation and any other
pertinent considerations. No individual employee’s base pay shall be less than
the minimum of the grade or exceed a statutory lid. In the case of disciplinary
action, base pay may be less than the minimum of the grade for a period not to
exceed twelve (12) months, subject to the FLSA requirements. (07/01/2025)
Compensation Survey and Report (07/01/2025)
3-3.
Annually, the Director shall submit recommendations and estimated costs for
base salaries, state contributions for group benefits, and step pay, and establish
and publish the distribution of compensation changes among base salaries which
shall be effective as provided by law. Quadrennially (every four (4) years), the
Director shall establish and publish a compensation report based on the analysis
of the State’s labor market, group benefit contributions, and step pay.
(07/01/2025)
3-4.
When upward pay grade changes are implemented, the grade minimum and
maximum shall be adjusted and no employee shall be paid outside of the new
grade, except in disciplinary actions resulting in salary temporarily below the new
minimum and continuation of saved pay above the new maximum. (7/1/07)
3-5.
If pay grade changes are downward, employees’ base pay shall remain
unchanged, subject to the statutory three (3) year limitation on saved pay.
Pay Rates
3-6.
The Director shall publish the annual pay plan
ee shall be paid outside of the new
grade, except in disciplinary actions resulting in salary temporarily below the new
minimum and continuation of saved pay above the new maximum. (7/1/07)
3-5.
If pay grade changes are downward, employees’ base pay shall remain
unchanged, subject to the statutory three (3) year limitation on saved pay.
Pay Rates
3-6.
The Director shall publish the annual pay plan. Departments shall use an hourly
rate based on an annual salary to compensate employees who do not work a
predetermined or full schedule. (07/01/2025)
3-7.
Saved pay applies to downward movements due to individual allocation, system
maintenance studies, and the annual compensation survey to maintain an
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
22
employee’s current base pay when it falls above the new grade maximum. It may
also apply when retention rights are exercised pursuant to Chapter 7, Separation.
In no case shall the employee’s base pay remain above the grade maximum
after three (3) years from the action, even if it results in a loss in pay. (1/1/18)
3-8.
Unless authorized by the Director, the rate resulting from multiple actions
effective on the same date shall be computed in the following order. The Director
may withhold salary adjustments for any employee with a final overall rating of
unacceptable or needs improvement, except as provided in Rule 3-4.
(07/01/2026)
A.
System changes due to system maintenance studies including creation of
new classes, new pay grades or pay grade adjustments. Base pay of
impacted employees adjusted to the new grade minimum. (07/01/2026)
B.
Upward, downward, or lateral movements for individual employees.
(07/01/2025)
C.
Repealed. (8/1/08)
D.
System changes in pay grade minimums and maximums to implement
approved annual compensation changes to the pay structure.
(07/01/2025)
E.
Adjustments to employee base pay for cost of living adjustments (also
known as across-the-board increases), subject to the new pay grade
maximum
07/01/2026)
B.
Upward, downward, or lateral movements for individual employees.
(07/01/2025)
C.
Repealed. (8/1/08)
D.
System changes in pay grade minimums and maximums to implement
approved annual compensation changes to the pay structure.
(07/01/2025)
E.
Adjustments to employee base pay for cost of living adjustments (also
known as across-the-board increases), subject to the new pay grade
maximum. The remaining portion of the base building cost of living
adjustment that would cause employees’ base pay to exceed the pay
grade maximum shall be paid as non-base building one-time lump sum.
(07/01/2025)
F.
Adjustments to individual base pay if the employee’s base pay is lower
than the new grade minimum or step base pay rate, except in disciplinary
actions for pay reductions. (07/01/2025)
G.
Repealed. (07/01/2025)
H.
Repealed. (07/01/2025)
3-9.
The appointing authority, in consultation with human resources, shall determine
the base pay within the pay grade for an employee. Base pay for new hires,
including one returning after resignation, is typically the grade minimum unless
recruitment difficulty or other unusual conditions exist. (07/01/2025)
A.
The appointing authority’s determination shall consider such factors as,
but are not limited to, labor market supply, recruitment efforts, nature of
the assignment and required experience, competencies, skills, job
qualifications and salary expectations of the best candidate, base pay of
is typically the grade minimum unless
recruitment difficulty or other unusual conditions exist. (07/01/2025)
A.
The appointing authority’s determination shall consider such factors as,
but are not limited to, labor market supply, recruitment efforts, nature of
the assignment and required experience, competencies, skills, job
qualifications and salary expectations of the best candidate, base pay of
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
23
current and recently hired employees in similar positions in the
department, the step pay program, available funds, and the long-term
impact on personal services budgets of hiring above the minimum of the
pay grade. (07/01/2025)
B.
Repealed. (07/01/2025)
C.
Repealed. (07/01/2025)
3-10. In the case of fiscal emergency or other budget reasons, an employee may agree
to voluntarily reduce current base pay, which shall be approved in writing by the
appointing authority and employee. If funds become available at a later date, the
department may restore base pay to any rate up to, and including, the former
base pay. This policy shall not be used to substitute for other provisions in
Chapter 3, Compensation.
3-11. When an unclassified position is brought into the state personnel system, the
base pay for an employee appointed to the position shall be computed in
accordance with law and the Director’s directives that shall ensure that total
compensation is preserved to the greatest extent possible, except that base pay
shall not exceed the grade maximum. (07/01/2025)
Downward Movements (07/01/2025)
3-12. Downward movement or downward allocation is a change to a different class
with a lower range maximum (e.g., non-disciplinary or disciplinary demotions,
individual allocations, system maintenance studies including class placement, or
the annual compensation survey). (07/01/2025)
3-13. In the case of system maintenance studies and individual allocations of positions,
the employee’s base pay shall remain the same, including saved pay.
A
ion is a change to a different class
with a lower range maximum (e.g., non-disciplinary or disciplinary demotions,
individual allocations, system maintenance studies including class placement, or
the annual compensation survey). (07/01/2025)
3-13. In the case of system maintenance studies and individual allocations of positions,
the employee’s base pay shall remain the same, including saved pay.
A.
A department head has sole discretion to grant saved pay when
employees exercise retention rights and the decision shall be applied
consistently throughout the retention area. If saved pay is granted, the
employee’s name shall not be placed on a reemployment list. (7/1/07)
3-14. In the case of other downward movements, the base pay shall not be above the
maximum in the new grade.
A.
Upon reversion of a trial service employee to the previously certified class,
base pay shall be the amount the employee would be making had the
promotion or reinstatement not occurred. (1/1/14)
Upward Movements (07/01/2025)
3-15. Upward movement or upward allocation is a change to a different class with a
higher range maximum (e.g., promotions, individual allocations, system
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
24
maintenance studies including class placement, or the annual compensation
survey). (07/01/2025)
3-16. In the case of system maintenance studies, employees’ base pay shall remain
the same. If the Director finds that severe and immediate recruitment and
retention problems make it imperative to increase pay to maintain critical
services, the Director may order that base pay be increased up to the percentage
increase for the new class.
3-17. In the case of other upward movements, the employee’s base pay may increase
or remain the same, in which case the employee would receive the economic
opportunity by moving to the new grade
diate recruitment and
retention problems make it imperative to increase pay to maintain critical
services, the Director may order that base pay be increased up to the percentage
increase for the new class.
3-17. In the case of other upward movements, the employee’s base pay may increase
or remain the same, in which case the employee would receive the economic
opportunity by moving to the new grade. In no case shall the new base rate be
lower than the minimum or their step pay rate, except in disciplinary actions, or
higher than the maximum of the new grade. Continuation of a salary increase is
subject to satisfactory completion of the trial service period. (07/01/2025)
A.
When conditional employees move upward, the base pay shall be
computed based on the certified class.
Lateral Adjustments
3-18. Lateral movement is a change to a different class or position with the same range
maximum (e.g., transfers, individual allocations, system maintenance studies
including class placement), or an in-range salary movement in the same class
and position. Base pay can be offered at a rate that falls within the pay range of
the class and does not exceed the grade maximum. In addition, discretionary in-
range salary movements are subject to the provisions below. (07/01/2025)
In-Range Salary Movements. A department may use these discretionary
movements to increase base salaries of permanent employees who remain in
their current classes and positions when there is a critical need not addressed by
any other pay mechanism. If granted, there shall be an individual written
agreement between the employee and the appointing authority that stipulates the
terms and conditions of the movement. The use of in-range salary movements is
not guaranteed and shall be funded within existing budgets and in accordance
with these rules. In-range salary movements shall not be applied as a substitute
for cost of living adjustments or the step pay program. These movements shall
not be retroactive
tween the employee and the appointing authority that stipulates the
terms and conditions of the movement. The use of in-range salary movements is
not guaranteed and shall be funded within existing budgets and in accordance
with these rules. In-range salary movements shall not be applied as a substitute
for cost of living adjustments or the step pay program. These movements shall
not be retroactive. No aspect of granting these movements is subject to
grievance or appeal, except for alleged discrimination; however, an alleged
violation of the department’s policy or plan can be disputed. A department’s
decision in the dispute is final and no further recourse is available. Once granted,
a reduction in base salary is subject to appeal. Departments shall develop a
written policy or plan addressing appropriate criteria for the use of any movement
based on sound business practice and needs, e.g., eligibility, funding sources,
approval requirements, and measures to ensure consistent use. The policy or
plan shall be communicated within the department and a copy provided to the
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
25
Director upon request. Records of any aspect of these movements shall be
provided to the Director when requested. (07/01/2025)
A.
Salary Range Compression. Used as a salary leveling increase where
longer-term or more experienced employees are paid lower in the range
for the class than new hires or less experienced employees over a period
of time resulting in documented retention difficulties. Thus, there is a valid
need to increase one (1) or more employee’s base salary in the class to
recognize contributions equal to or greater than the newly hired or less
experienced employees. Justification shall be required based on facts. To
be eligible, an employee shall be performing satisfactorily as evidenced by
the most recent final overall performance rating. The increase is subject to
the pay grade maximum. (07/01/2025)
B.
Counteroffer
) or more employee’s base salary in the class to
recognize contributions equal to or greater than the newly hired or less
experienced employees. Justification shall be required based on facts. To
be eligible, an employee shall be performing satisfactorily as evidenced by
the most recent final overall performance rating. The increase is subject to
the pay grade maximum. (07/01/2025)
B.
Counteroffer. Used when an employee with critical, strategic skills
receives a higher salary offer from another department or outside
employer and the appointing authority needs to increase the employee’s
base salary for retention purposes. To be eligible, an employee shall be
performing satisfactorily as evidenced by the most recent final overall
performance rating. Written confirmation of the other entity’s salary offer is
required. The increase is subject to the pay grade maximum.
C.
Delayed Transfer or Promotional Pay Increase. Used when a transfer or
promotion is made with no salary increase or partial salary increase
because performance expectations are unproven and/or funds may be
unavailable at the time of transfer or promotion. This is a one (1) time
base salary increase within twelve (12) months of the date of transfer or
promotion when funds become available and the employee’s contributions
are fulfilled. The intent to provide a later salary increase shall be
documented at the time of the transfer or promotion. To be eligible, an
employee shall be performing satisfactorily as evidenced by the most
recent final overall performance rating. The increase is subject to the pay
grade maximum. Transfer, promotion, demotion, or separation of the
employee will negate the delayed increase. (07/01/2025)
D.
New Hires. Used at the time an employee is hired when performance
expectations are unproven and/or funds may be unavailable. This is a one
shall be performing satisfactorily as evidenced by the most
recent final overall performance rating. The increase is subject to the pay
grade maximum. Transfer, promotion, demotion, or separation of the
employee will negate the delayed increase. (07/01/2025)
D.
New Hires. Used at the time an employee is hired when performance
expectations are unproven and/or funds may be unavailable. This is a one
(1) time base salary increase to be provided after the employee’s hire date
and within twelve (12) months of hire. The intent to provide a later salary
increase with training objectives shall be documented at the time of hire.
To be eligible, satisfactory completion of the specified training objectives
shall be met. This is limited to a one (1) time increase, subject to the pay
grade maximum. Transfer, promotion, demotion, or separation of the
employee will negate the delayed increase. (07/07/2025)
E.
Competency-Based Increase. Used when an employee applies the
complete set, or a subset, of competencies required to successfully
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
26
perform the work of a specific position. New competencies shall be
specifically defined with deadlines and evaluation criteria for achievement,
and shall be communicated in writing to the employee. To be eligible,
satisfactory completion and demonstration of the competencies shall be
met. Competencies that are the basis for this increase shall be required to
perform permanent, essential functions assigned to the position. The
intent of this increase is to promote career development by aligning pay
increases with achieving all required competencies to fully perform the job.
Increases are limited to no more than two (2) per twelve (12) month period
and are subject to the pay grade maximum. (07/01/2025)
F.
Equity Adjustment
increase shall be required to
perform permanent, essential functions assigned to the position. The
intent of this increase is to promote career development by aligning pay
increases with achieving all required competencies to fully perform the job.
Increases are limited to no more than two (2) per twelve (12) month period
and are subject to the pay grade maximum. (07/01/2025)
F.
Equity Adjustment. An appointing authority has the ability to grant an
equity adjustment or put a plan in place to address pay inequities between
employees who perform substantially similar work, if an allowable factor
does not account for the difference in pay. An equity adjustment shall not
include the reduction of any employee’s pay. The in-range salary
adjustment shall be effective the first day of the next pay period after the
appointing authority grants an equity adjustment. (07/01/2025)
Step Pay Program (07/01/2025)
3-19. Step pay provides periodic base pay increases based on salary placement within
the appropriate salary range up to the pay range maximum. Any permanent
employee is eligible for step pay, except for employees of the state auditor, in the
classifications of the medical pay plan, and the chief and any commissioned or
noncommissioned officer or trooper of the Colorado State Patrol. Prior to the
payment of step pay, the Director shall specify and publish the annual pay plan.
Adjustments are effective on July 1. The employee shall be employed on July 1
to receive payment. The employee’s current department as of July 1 is
responsible for payment, unless arrangements are made whereas the
transferring department will provide full payment of a portion of the step pay
increase. (07/01/2025)
A.
If an employee has a current disciplinary action resulting in a temporary
base pay reduction as of July 1, pay shall be restored to the appropriate
step and cost of living adjustment upon completion of the disciplinary
action. (07/01/2025)
B
for payment, unless arrangements are made whereas the
transferring department will provide full payment of a portion of the step pay
increase. (07/01/2025)
A.
If an employee has a current disciplinary action resulting in a temporary
base pay reduction as of July 1, pay shall be restored to the appropriate
step and cost of living adjustment upon completion of the disciplinary
action. (07/01/2025)
B.
Departments must ensure that the employee’s pay is calculated following
procedures provided by the Director. (07/01/2025)
C.
Repealed. (07/01/2025)
1.
Repealed. (07/01/2025)
a.
Repealed. (07/01/2025)
2.
Repealed. (07/01/2025)
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
27
D.
Repealed. (07/01/2025)
1.
Repealed. (07/01/2025)
2.
Repealed. (07/01/2025)
E.
Repealed. (07/01/2025)
1.
Repealed. (07/01/2025)
2.
Repealed. (07/01/2025)
3.
Repealed. (1/1/18)
4.
Repealed. (1/1/18)
Incentives, Rewards, and Recognition (07/01/2025)
3-20. Departments are strongly encouraged to use incentives. (7/1/06)
3-21. An appointing authority may grant an immediate non-base building cash or non-
cash incentive award to an employee in recognition of performance, special
accomplishments or contributions throughout the year, e.g., on-the-spot cash
awards, work-life options, or administrative leave, in accordance with a
department’s established incentive plan. Incentives shall not be used to
supplement or substitute for annual compensation adjustments or other base pay
movements. The statutory salary lid does not apply to these incentives.
(07/01/2025)
A.
Departments shall have an incentive plan prior to the use of incentives.
Such plans shall include eligibility criteria, the types of incentives allowed,
cash amounts or limits and payment methods, and a communication plan.
Departments shall have a plan that is communicated and available to
employees. Such plans shall be developed with the input of employees
and managers. (07/01/2025)
1
01/2025)
A.
Departments shall have an incentive plan prior to the use of incentives.
Such plans shall include eligibility criteria, the types of incentives allowed,
cash amounts or limits and payment methods, and a communication plan.
Departments shall have a plan that is communicated and available to
employees. Such plans shall be developed with the input of employees
and managers. (07/01/2025)
1.
If a department uses a type of incentive that shares cost savings
from innovations, the following applies.
a.
Employees are ineligible if they are wholly responsible for
control and operation of a division (or equivalent), the
primary assignment includes responsibility for identifying
efficiencies and cost reductions, or the position has
statewide program or budget authority.
b.
Savings are the result of innovative ideas that increase
productivity and service levels while decreasing costs.
Savings are not the result of normal progressive business
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
28
evolution, obvious solutions to mandated budget cuts, cost
avoidance or revenue enhancement, nor do they have
adverse cost impact on other departments.
c.
Savings are the difference between anticipated expenditures
prior to implementation and actual expenditures following
implementation for a full twelve (12) month period. The
complete award amount shall be no more than five percent
(5%) of the savings, not to exceed a total of five thousand
dollars ($5,000) per employee or group of employees.
3-22. Repealed. (8/1/08)
3-23. Repealed. (8/1/08)
Medical Pay Plan (07/01/2025)
3-24. Employees in the medical pay plan shall be compensated based solely on
performance as established in the required annual contract to be negotiated by
July 1 of the contract year, or within thirty (30) days of hire or movement within
the medical pay plan for the remainder of the contract year. Employees are not
eligible for any pay adjustments, such as cost of living adjustments or step pay
)
3-24. Employees in the medical pay plan shall be compensated based solely on
performance as established in the required annual contract to be negotiated by
July 1 of the contract year, or within thirty (30) days of hire or movement within
the medical pay plan for the remainder of the contract year. Employees are not
eligible for any pay adjustments, such as cost of living adjustments or step pay.
Current performance contracts may be modified during the contract year but not
compensation. Change in compensation shall only occur at the end of a contract
period, unless an employee moves to another position, and may increase,
decrease, or remain unchanged from the previous year. In the case of upward or
downward movement in the medical pay plan, compensation shall be no lower
than the minimum or higher than the maximum rates of the new grade and a new
contract shall be negotiated for the remainder of the contract year. (07/01/2025)
A.
If no contract is negotiated, the existing contract continues and base pay
stays the same until a new contract is negotiated. Employees in the
medical pay plan may grieve the rate unless it is lower, which is then
subject to appeal. If the employee moves into the medical pay plan into
another open-range class, the base pay shall be negotiated subject to the
grade maximum of the new class. (07/01/2025)
FLSA and Overtime
3-25. All employees are covered by the FLSA. Under the FLSA, the state is considered
to be a single employer. Employees cannot waive their rights under the FLSA.
(04/01/2020)
3-26. The state’s standard FLSA workweek is Saturday at 12:00am through Friday at
11:59pm. This standard FLSA workweek applies to agencies that use the official
payroll system designated by the State Controller. (11/1/2019)
e
3-25. All employees are covered by the FLSA. Under the FLSA, the state is considered
to be a single employer. Employees cannot waive their rights under the FLSA.
(04/01/2020)
3-26. The state’s standard FLSA workweek is Saturday at 12:00am through Friday at
11:59pm. This standard FLSA workweek applies to agencies that use the official
payroll system designated by the State Controller. (11/1/2019)
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
29
A.
For law enforcement, healthcare, and fire protection employees,
appointing authorities may adopt a “work period” under the FLSA between
seven (7) consecutive days to twenty-eight (28) consecutive days in
length. Overtime compensation is not required until the employee satisfies
the maximum hour standard under the federal regulations. (11/1/2019)
3-27. Overtime is the actual hours worked by a nonexempt employee in excess of the
forty (40) hours during a standard FLSA workweek or in excess of established
work hours in adopted work periods for law enforcement, healthcare, and fire
protection employees. Such excess hours are paid at one and one-half (1 ½)
times the employee’s regular hourly base pay rate, including applicable premium
pay in accordance with the “regular rate” calculation under the FLSA. Nonexempt
employees paid on a biweekly or monthly pay cycle shall be paid overtime on the
employee’s next regularly scheduled payroll following the period the overtime
was earned. Biweekly employees shall be paid on the biweekly payroll and
monthly employees shall be paid on the monthly payroll. (07/01/2025)
A.
Overtime for nonexempt employees shall be approved in accordance with
a department’s procedure. A department head shall establish a policy to
address unauthorized overtime work; however, prohibition of unauthorized
overtime does not avoid the requirement to pay if it is actually worked.
B
ll be paid on the biweekly payroll and
monthly employees shall be paid on the monthly payroll. (07/01/2025)
A.
Overtime for nonexempt employees shall be approved in accordance with
a department’s procedure. A department head shall establish a policy to
address unauthorized overtime work; however, prohibition of unauthorized
overtime does not avoid the requirement to pay if it is actually worked.
B.
Compensatory time in lieu of monetary payment is allowed if there is a
written agreement between the department and any employee hired after
April 15, 1986. Written agreements for those hired prior to April 15, 1986,
are unnecessary provided that the department had a regular practice in
place for granting compensatory time. Acceptance of compensatory time
may be a condition of employment for new employees. Appointing
authorities shall ensure that compensatory time is scheduled as soon as
practical. Compensatory time is banked at one and one-half hours (1 ½)
for each overtime hour worked. An employee may bank up to forty (40)
hours or the amount set forth in the department’s policy, whichever is
greater, but shall not exceed two hundred and forty (240) hours (or four
hundred and eighty (480) hours for law enforcement, fire protection,
emergency response and employee engaged in seasonal activities – see
the FLSA) and any additional overtime shall be paid as indicated in Rule
3-27. If a department wants to place limits on the accrual or payment of
compensatory time up to two hundred and forty (240) hours (or four
hundred and eighty (480) hours – see the FLSA), a policy shall be
developed and communicated prior to use and on an ongoing basis.
Unused compensatory time at termination or transfer to another
department, at the end of the fiscal year, or upon mutual agreement
between the employee and the department shall be paid at that time.
There is no carryover of accrued compensatory time to the next fiscal
year. Departments shall have a policy that is communicated and available
to employees. (07/01/2025)
to use and on an ongoing basis.
Unused compensatory time at termination or transfer to another
department, at the end of the fiscal year, or upon mutual agreement
between the employee and the department shall be paid at that time.
There is no carryover of accrued compensatory time to the next fiscal
year. Departments shall have a policy that is communicated and available
to employees. (07/01/2025)
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
30
Eligibility
3-28. Department heads are responsible for determining if each position is exempt or
nonexempt based on the actual duties performed regardless of class.
Determinations shall be entered into the payroll system and a record kept on file.
3-29. An exempt employee’s pay is not subject to reduction except as follows:
(04/01/2020)
A.
Deductions in increments of one (1) day are allowed for a major workplace
rule violation.
B.
Deductions are allowed for any amount of time if:
1.
A leave of absence was not requested or was denied and accrued
leave is not used;
2.
The time is covered by the Family and Medical Leave Act (FMLA);
the state family medical leave; Family and Medical Leave Insurance
(FAMLI), or short-term or long-term disability; (07/01/2025)
3.
Accrued leave is exhausted;
4.
The time is a voluntary furlough; or
5.
The time is a mandatory furlough for budgetary reasons.
(04/01/2020)
3-30. Exempt employees shall not be granted extra pay for hours worked in excess of
forty (40) hours in a workweek, except when Incident Response Assignment Pay
applies. An appointing authority may grant discretionary administrative leave or
other incentives but such awards shall not be tied to hours worked. (07/01/2026)
3-31. An employee may request a review of a decision regarding eligibility, calculation
of overtime hours, and payment to the Director in accordance with Chapter 8,
Dispute Resolution.
Dual Employment
3-32
Incident Response Assignment Pay
applies. An appointing authority may grant discretionary administrative leave or
other incentives but such awards shall not be tied to hours worked. (07/01/2026)
3-31. An employee may request a review of a decision regarding eligibility, calculation
of overtime hours, and payment to the Director in accordance with Chapter 8,
Dispute Resolution.
Dual Employment
3-32. In a properly authorized dual employment arrangement, the written agreement
shall include the exemption status designation based on the combined duties, the
department responsible for paying any overtime, and the overtime hourly rate.
The overtime rate, if applicable, is either the regular rate from one (1) of the jobs
or a weighted rate from both jobs. Work time from both jobs is combined to
calculate overtime. (1/1/18)
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
31
Work Hours
3-33. In order to minimize overtime liability, appointing authorities may deny, delay, or
cancel leave before it is taken. Appointing authorities may require the use of
accrued compensatory time but cannot schedule compensatory time if that will
make an employee forfeit annual leave at the end of the fiscal year. (1/1/18)
3-34. Compensatory time is not leave, but a form of compensation. Therefore, it is not
included in the calculation of work hours for overtime purposes.
3-35. Overtime does not accrue until a nonexempt employee works more than the
maximum hours allowed in a standard FLSA workweek or designated work
period as permitted in Rule 3-26 (A). All time worked shall be recorded on a daily
basis. Overtime is calculated based on the total time worked in the standard
FLSA workweek or designated work period as permitted in Rule 3-26 (A),
rounded to the nearest quarter (¼) hour
es not accrue until a nonexempt employee works more than the
maximum hours allowed in a standard FLSA workweek or designated work
period as permitted in Rule 3-26 (A). All time worked shall be recorded on a daily
basis. Overtime is calculated based on the total time worked in the standard
FLSA workweek or designated work period as permitted in Rule 3-26 (A),
rounded to the nearest quarter (¼) hour. Overtime pay for nonexempt employees
for time worked over forty (40) hours in a standard FLSA workweek or in excess
of established work hours in adopted work periods as permitted in Rule 3-26 (A),
excludes paid leave or holiday leave with the exception of Essential Positions,
see Rule 3-36. If operational needs require an employee to regularly report to
work early or leave late, that time is counted as work hours for the calculation of
weekly overtime. (04/01/2020)
3-36. Essential nonexempt positions, as designated by a department head, shall have
paid leave counted as work time. Essential positions perform law enforcement,
highway maintenance, and support services directly responsible for the health,
safety, and welfare of patients, residents, students, and inmates. (04/01/2020)
3-37. Scheduled meal periods are discretionary. Scheduled meal periods are not work
time and shall be at least twenty (20) minutes. However, if the employee is
materially interrupted or not completely free from duties, the meal period is
counted as work time.
3-38. Work breaks are discretionary. If granted, breaks of up to twenty (20) minutes are
work time. Breaks shall not offset other work time or substitute for paid leave, not
be taken at the beginning or end of the workday, nor be used to extend meal
periods.
3-39. Ordinary travel to and from work is not work time. Travel from work site to work
site is work time. When an employee is required to travel a substantial distance
to perform a job away from the regular work site, the travel is work time
Breaks shall not offset other work time or substitute for paid leave, not
be taken at the beginning or end of the workday, nor be used to extend meal
periods.
3-39. Ordinary travel to and from work is not work time. Travel from work site to work
site is work time. When an employee is required to travel a substantial distance
to perform a job away from the regular work site, the travel is work time. Mileage
reimbursement applies in accordance with 1 CCR 101-1, State of Colorado
Fiscal Rules. (07/01/2025)
3-40. Mandatory training or meetings are work time. Voluntary training during work
hours, as approved by the appointing authority, which is directly related to an
employee’s job and is designed to enhance performance, is work time. Voluntary
training is not considered work time when the training occurs outside of the
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
32
employee’s regular working hours, attendance at the training is in fact voluntary,
the training is not directly related to the employee’s job, and the employee does
not perform any productive work during the training. (07/01/2025)
Recordkeeping
3-41. The FLSA requires that certain basic records be maintained for both exempt and
nonexempt employees. Each department is accountable for maintaining those
records. (7/1/07)
3-42. Time records shall be approved timely by both the employee and the supervisor.
The time records are the basis for overtime calculation and compensation.
(07/01/2026)
Other Premium Pay
3-43. Shift Differential is additional pay beyond base pay for employees working shifts.
Eligible classes and the shift differential rate are published in the annual pay
plan. Department heads may designate eligibility for individual positions in
classes not published and shall maintain records for such cases
s are the basis for overtime calculation and compensation.
(07/01/2026)
Other Premium Pay
3-43. Shift Differential is additional pay beyond base pay for employees working shifts.
Eligible classes and the shift differential rate are published in the annual pay
plan. Department heads may designate eligibility for individual positions in
classes not published and shall maintain records for such cases. If an eligible
employee is required to report to work before the start or after the end of a
scheduled shift with no release from work between the regular shift and call back
hours, it is a continuation of a shift. Shift differential does not apply to any periods
of paid leave. Second shift rate applies for all hours worked when half or more of
the scheduled work hours fall between 4:00 p.m. and 11:00 p.m., Monday
through Thursday. Third shift rate applies for all hours worked when half or more
of the scheduled work hours fall between 11:00 p.m. and 6:00 a.m. If hours are
evenly split between shifts, the higher shift differential rate applies to all hours
worked during the shift. Weekend shift applies for all hours worked when half or
more of the scheduled shift hours fall between 4:00 p.m. Friday evening through
6:00 a.m. Monday morning. (07/01/2025)
3-44. Call Back applies when an eligible nonexempt employee is required to report to
work before the start or after the end of a scheduled shift. An eligible nonexempt
employee does not have to be on call eligible to receive call back pay. If there is
no release from work between the call back hours and regular shift, it is
considered a continuation of the shift and call back does not apply; instead, if
applicable, the nonexempt employee may earn overtime or compensatory time.
When a nonexempt employee is called back, they are entitled to a minimum of
two (2) hours of their regular base pay (call back pay) or pay for the actual
amount of time spent responding to the call, whichever is greater. Call back time
is counted as work time. (07/01/2025)
3-45
hift and call back does not apply; instead, if
applicable, the nonexempt employee may earn overtime or compensatory time.
When a nonexempt employee is called back, they are entitled to a minimum of
two (2) hours of their regular base pay (call back pay) or pay for the actual
amount of time spent responding to the call, whichever is greater. Call back time
is counted as work time. (07/01/2025)
3-45. On Call is additional pay beyond base pay for eligible, nonexempt employees
who are specifically scheduled to be on call. Employees are entitled to on-call
pay only when they are not working but are scheduled to be available to respond
to communications or report to a worksite within a reasonable period of time.
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
33
Employees who are on call are able to use their personal time effectively. Eligible
classes and the hourly rate are published in the annual pay plan. A department
head may designate eligibility for individual nonexempt positions in classes not
published and maintain records of such on-call designations. Only time while
actually on call shall be paid at the on call rate. In call back situations, employees
eligible for both on call and call back pay shall receive call back pay only.
(07/01/2025)
3-46. Second Domicile is additional discretionary pay up to ten percent (10%) of base
pay for employees who are required to maintain a second domicile for more than
ten (10) consecutive calendar days while working out-of-state on official state
business. The department head shall authorize such payments.
3-47. Repealed. (1/1/18)
3-48. Housing Premium is a stipend granted by a department head to designated
employees living and working in high housing cost areas with demonstrated
recruitment and retention problems. It is not part of the base rate and may begin
or end at any time. Records on any aspect of this premium shall be provided to
the Director when requested.
3-49. Discretionary Pay Differentials
. Repealed. (1/1/18)
3-48. Housing Premium is a stipend granted by a department head to designated
employees living and working in high housing cost areas with demonstrated
recruitment and retention problems. It is not part of the base rate and may begin
or end at any time. Records on any aspect of this premium shall be provided to
the Director when requested.
3-49. Discretionary Pay Differentials. A department may use non-base building
discretionary pay differentials on a temporary basis, which shall be funded within
existing budgets. Use of these pay differentials is at the discretion of the
appointing authority and shall not be used as a substitute for annual
compensation adjustments, other pay policies, or promotions. No differential is
guaranteed and, if granted, may be discontinued at any time. No aspect of any
discretionary pay differential is subject to grievance or appeal, except for
discrimination; however, an alleged violation of the department’s plan can be
disputed. A department’s decision in the dispute is final and no further recourse
is available. Departments shall develop and communicate a written plan
addressing appropriate criteria for the use of any differential based on sound
business practice and needs. If granted, there shall be an individual written
agreement between the employee and appointing authority that stipulates the
terms and conditions of the differential, including the dates the differential will
begin and end. Records of any aspect of these differentials shall be provided to
the Director when requested. (8/1/08)
A.
Counteroffer to a verifiable job offer may be used when an employee with
critical strategic skills receives a higher salary offer from another
department or outside employer and the appointing authority needs to
retain the employee. The sum of a non-base building differential and
current base pay cannot exceed a statutory lid in any given month and
may be paid in one (1) or more payments. (8/1/08)
B
unteroffer to a verifiable job offer may be used when an employee with
critical strategic skills receives a higher salary offer from another
department or outside employer and the appointing authority needs to
retain the employee. The sum of a non-base building differential and
current base pay cannot exceed a statutory lid in any given month and
may be paid in one (1) or more payments. (8/1/08)
B.
Signing bonus is a non-base building lump sum that may be used to
attract new permanent employees into the state personnel system. It may
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
34
be paid in one (1) or several payments; however, the sum of the bonus
and current base pay cannot exceed a statutory lid in any given month.
Signing bonuses may be used for the following reasons:
1.
To fill positions in critical occupations where there is a documented
shortage in the labor market and recruitment or retention difficulty in
the department that jeopardizes its mission; or,
2.
When the applicant possesses a unique, critical skill in relation to
the job market.
C.
Referral award is a non-base building lump sum that may be granted to a
current employee for the referral and subsequent hire of a new employee
into the state personnel system where the position requires a unique,
specialized skill and there is a documented shortage in the labor market
and recruitment or retention difficulty in the department. This award is to
be used for permanent employees unless the Director grants an
exception. Employees who influence or are responsible for hiring and
those performing recruitment as part of their regular assignments are
ineligible. The sum of the award and current base pay cannot exceed a
statutory lid in any given month.
D.
Temporary pay differential is a non-base building award that may be
granted to a current permanent employee in the same position
ss the Director grants an
exception. Employees who influence or are responsible for hiring and
those performing recruitment as part of their regular assignments are
ineligible. The sum of the award and current base pay cannot exceed a
statutory lid in any given month.
D.
Temporary pay differential is a non-base building award that may be
granted to a current permanent employee in the same position. The sum
of the temporary award and current base pay shall not exceed a statutory
lid in any given month and is paid through regular payroll. This differential
shall not be used as a substitute for the promotional or allocation process.
Temporary pay differentials may be used for the following reasons:
1.
Acting assignment where the employee assumes the majority of
duties of a position that is vacant or the incumbent is on extended
leave for a period longer than thirty (30) days but less than nine (9)
months. The differential shall not exceed nine (9) months for any
given acting assignment; (07/01/2025)
2.
Long-term project assignment that is not an expected or customary
part of the regular assignment and is critical to the mission and
operations of the department as defined by the purpose of the
project, its time frame, and the critical nature and expected results;
3.
Retain a unique, specialized set of skills or knowledge that is critical
to the mission and productivity of the department. The loss would
result in documented severe adverse effect on the department’s
mission and productivity; or
4.
During the declaration of a state of emergency by the Governor, as
defined in the Colorado Disaster Emergency Act, when it is
necessary to assign employees work to maintain continuity of
cialized set of skills or knowledge that is critical
to the mission and productivity of the department. The loss would
result in documented severe adverse effect on the department’s
mission and productivity; or
4.
During the declaration of a state of emergency by the Governor, as
defined in the Colorado Disaster Emergency Act, when it is
necessary to assign employees work to maintain continuity of
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
35
operations and appropriate staffing levels critical to the mission and
operations of the organization. (08/01/2020)
5.
Other temporary pay differentials for reasons listed in the applicable
Partnership Agreement, and applicable State Entity Agreement, if
any. (07/01/2025)
3-50. Hazardous Duty is a non-base building premium that may be granted to positions
working in occupations where exposure to physical hazards is not a customary
part or expectation of the occupation and its preparation for entry. Such positions
work for a majority of their time in settings that involve clear, direct, and
unavoidable exposure to risk of major injury or loss of life even after making
allowances for safety. This premium is not guaranteed and, if granted, may be
discontinued at any time. No aspect of this premium pay can be grieved or
appealed, except for alleged discrimination. Departments shall develop
appropriate criteria for the use of hazard pay based on sound business practice
and need, and communicate these criteria prior to use of this premium. The
premium rate will be published in the annual pay plan and, in combination with
current base pay and other premium pay, cannot exceed a statutory lid in any
given month. (1/1/18)
3-50.1.
Incident Response Assignment Pay is a non-base building premium that
may be granted to employees in FLSA-exempt positions based on hours worked
in excess of forty (40) hours in a workweek while assigned to an eligible incident
will be published in the annual pay plan and, in combination with
current base pay and other premium pay, cannot exceed a statutory lid in any
given month. (1/1/18)
3-50.1.
Incident Response Assignment Pay is a non-base building premium that
may be granted to employees in FLSA-exempt positions based on hours worked
in excess of forty (40) hours in a workweek while assigned to an eligible incident.
This pay is discretionary and Departments must have a written policy, including
the terms and conditions that must be met for incident response assignment pay,
and communicate it to employees before use of this premium. Approval for this
premium pay is within the appointing authority’s sole discretion, provided it meets
the requirements of the Department’s policy. This premium pay is not
guaranteed, and if granted, may be discontinued at any time and shall be funded
within existing budgets and in accordance with these rules. The sum of this
premium pay, current base pay, and other premium pay shall not exceed a
statutory lid in any given month and is paid through regular payroll. No aspect of
this premium pay can be grieved or appealed, except for alleged discrimination.
(07/01/2026)
A.
An eligible incident is defined as an emergency, disaster, or other
occurrence, such as fire, flood, or other event, that requires action or
support to prevent or minimize the loss of life or damage to property
and/or natural resources. Departments may further restrict the definition of
an eligible incident in their policy.
B.
For an employee to be eligible for Incident Response Assignment Pay, the
employee’s appointing authority must assign the employee to perform
specified duties critical to the eligible incident within an Incident Command
System, the standard framework used for formal incident response.
d/or natural resources. Departments may further restrict the definition of
an eligible incident in their policy.
B.
For an employee to be eligible for Incident Response Assignment Pay, the
employee’s appointing authority must assign the employee to perform
specified duties critical to the eligible incident within an Incident Command
System, the standard framework used for formal incident response.
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
36
C.
The assignment pay is paid at one and one-half (1 ½ ) times the
employee’s annualized hourly rate for actual hours worked that exceed
forty (40) hours in a designated work week while on assignment to an
eligible incident. All hours worked during the FLSA workweek count
towards time worked for purposes of calculating this premium pay.
D.
At all times, the position remains designated as exempt under the FLSA.
E.
Departments must ensure accurate and timely tracking of hours during an
eligible incident.
Postemployment Compensation (9/1/12)
3-51. Postemployment compensation, which includes voluntary separation incentives
or severance pay, are discretionary financial payments that may be offered to
certified employees when a layoff has happened or may happen based upon
documented lack of funds, lack of work, or reorganization. Postemployment
compensation may include, but is not limited to, a hiring preference, payment
towards the continuation of health benefits, tuition or educational training
vouchers, portion of salary, placement on a reemployment list. Postemployment
compensation may be contingent upon an employee’s waiver of retention and
reemployment rights, but waiving those rights does not affect the employee’s
eligibility for reinstatement. A department head shall establish a postemployment
compensation plan before a department makes any postemployment
compensation offers. (1/1/14)
3-52
, portion of salary, placement on a reemployment list. Postemployment
compensation may be contingent upon an employee’s waiver of retention and
reemployment rights, but waiving those rights does not affect the employee’s
eligibility for reinstatement. A department head shall establish a postemployment
compensation plan before a department makes any postemployment
compensation offers. (1/1/14)
3-52. Any total postemployment compensation payment and other benefits shall not
exceed an amount equal to one (1) week of an employee’s salary for every year
of their service, up to eighteen (18) weeks. Any additional limitations shall be
established and published by the Director, taking into consideration market
practice and other factors. (07/01/2025)
3-53. Repealed. (1/1/18)
3-54. The employee and department shall execute a separation agreement before
payment of any postemployment compensation. The separation agreement shall
include the following provisions. (07/01/2026)
A.
A statement that the employee is required to pay all applicable taxes on
the payment;
B.
The employee’s acknowledgment that the state will withhold taxes
according to law before payment; (07/01/2026)
C.
The employee’s agreement to waive retention and reemployment rights, if
applicable, along with a statement that the contract is voluntary and not
coerced or obtained through means other than the terms of the separation
agreement; (07/01/2026)
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
37
D.
An acknowledgment that no payment will be made until after the last day
of work and compliance with other provisions of the separation agreement
contract; and, (07/01/2026)
E.
Upon signature, a copy of each separation agreement shall be provided to
the Director. (07/01/2026)
F.
The employee’s agreement to waive any and all claims they may have or
assert against the employer, relative to their employment prior to the
execution of this agreement. (9/1/12)
r the last day
of work and compliance with other provisions of the separation agreement
contract; and, (07/01/2026)
E.
Upon signature, a copy of each separation agreement shall be provided to
the Director. (07/01/2026)
F.
The employee’s agreement to waive any and all claims they may have or
assert against the employer, relative to their employment prior to the
execution of this agreement. (9/1/12)
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
38
Chapter 4
Employment and Status
Authority for the rules promulgated in Chapter 4, Employment and Status, is found in
State of Colorado Constitution Article XII, Sections 13, 14 and 15, and § § 24-50-109.5,
24-50-112.5, 24-50-114, 24-50-132, 24-50-136 and 24-50-137, C.R.S. Board rules are
identified by cites beginning with “Board Rule”. Definitions for many of the terms utilized
in this chapter may be found in Chapter 1, Organization, Responsibilities, Ethics, Payroll
Deduction, and Definitions. Board rules are identified by cites beginning with “Board
Rule”.
General Principles
Board Rule 4-1.
State residents and otherwise qualified applicants shall have an
equal opportunity for entry into the state personnel system through fair and open
competition. Selection and appointment to positions within the state personnel
system shall be made according to merit and fitness, based upon the quality of
performance and job-related ability as ascertained by the comparative analysis
process. The selection process utilized to fill any vacancy shall uphold the
protections of Colorado’s constitutional merit based personnel system. (3/30/13)
Board Rule 4-2.
All applicants shall meet minimum and special qualifications for the
vacancy in order to be included in the comparative analysis process, referred for
an interview or appointed to a position. Any required job qualifications shall be
consistent with those minimum qualifications established by the State Personnel
Director for classified positions within the state personnel system
13)
Board Rule 4-2.
All applicants shall meet minimum and special qualifications for the
vacancy in order to be included in the comparative analysis process, referred for
an interview or appointed to a position. Any required job qualifications shall be
consistent with those minimum qualifications established by the State Personnel
Director for classified positions within the state personnel system. (3/30/13)
4-3.
Appointing authorities shall consult with the human resource personnel for their
department throughout the selection process and comply with any agreement
regarding delegation of selection functions entered into between the department
and the Director. Nothing in these rules shall negate the proper delegation of
authority of human resource functions from the Director to state agencies’ human
resources personnel nor constrain the Director’s statutory authority to provide
consulting services, as well as policy and operation leadership, in the area of
professional management of state government’s human resources. (3/30/13)
Board Rule 4-4.
Persons with disabilities, in accordance with federal and state law,
may request reasonable accommodation throughout the selection process.
(3/30/13)
Appeals
Board Rule 4-5.
All job postings shall notify applicants of their appeal rights. Such
notice shall include the time frame to file an appeal, the email address and the
street address for filing the appeal, and the availability of any template appeal
form.
disabilities, in accordance with federal and state law,
may request reasonable accommodation throughout the selection process.
(3/30/13)
Appeals
Board Rule 4-5.
All job postings shall notify applicants of their appeal rights. Such
notice shall include the time frame to file an appeal, the email address and the
street address for filing the appeal, and the availability of any template appeal
form.
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
39
Board Rule 4-6.
Applicants directly affected by the selection and comparative
analysis process may petition the Board for review when it appears that the
decision of the appointing authority violates an employee’s rights under the
Colorado Anti-Discrimination Act (“CADA”), the State Employee Protection Act
(commonly known as the Whistleblower Act), or as otherwise provided by law.
Any petitions to the Board relating to selection decisions shall be filed in
accordance with Chapter 8, Resolution of Appeals and Disputes.
Board Rule 4-7.
Any person currently or previously employed by the state of
Colorado, not within the state personnel system, shall successfully complete the
selection process before being placed in a position in the state personnel system.
Treatment of such person is subject to the provisions of § 24-50-136, C.R.S. This
includes political subdivisions of the state with similar merit systems that have a
formal arrangement with the Board. (3/30/13)
4-8.
Only applicants directly affected by the selection and comparative analysis
process may file a written appeal with the Director in accordance with Chapter 8,
Dispute Resolution. (01/01/2021)
4-9.
An applicant who has been removed from an employment list or removed from
consideration during the selection process may request a review by the Director
as outlined in Chapter 8, Dispute Resolution. (01/01/2021)
Notifications
4-10
fected by the selection and comparative analysis
process may file a written appeal with the Director in accordance with Chapter 8,
Dispute Resolution. (01/01/2021)
4-9.
An applicant who has been removed from an employment list or removed from
consideration during the selection process may request a review by the Director
as outlined in Chapter 8, Dispute Resolution. (01/01/2021)
Notifications
4-10. At any point in the selection process, but no later than ten (10) days after an
accepted job offer, all applicants removed from consideration shall be notified of
their elimination from consideration. These notifications shall include appeal
rights. (01/01/2021)
Determining How to Fill a Vacancy / Eligible List
4-11. The appointing authority has the following choices in assessing candidates:
A.
Appoint an eligible candidate who is a transfer, non-disciplinary demotion
or reinstatement;
B.
Appropriate an existing eligible list if a re-employment list does not exist;
or
C.
Post an announcement and engage in fair and open competition through a
comparative analysis. The appointing authority shall not deviate from this
decision during the selection process, unless the position is filled by
another method of appointment due to valid articulated business reasons.
(1/1/14)
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
40
4-12. If filling a vacancy from an employment list, employment lists shall be used in the
following order of priority: departmental reemployment, promotional, then open-
competitive. (3/30/13)
4-13. No eligible list shall be established if:
A.
A departmental reemployment list with a qualified and willing individual
exists for the class of the position in question, or
B.
Current eligible list of equal or higher priority exists for the position in
question. (3/30/13)
4-14. An eligible list may be extended by the appointing authority for up to twelve (12)
months, unless further extended as follows: (07/01/2025)
A
hall be established if:
A.
A departmental reemployment list with a qualified and willing individual
exists for the class of the position in question, or
B.
Current eligible list of equal or higher priority exists for the position in
question. (3/30/13)
4-14. An eligible list may be extended by the appointing authority for up to twelve (12)
months, unless further extended as follows: (07/01/2025)
A.
The Director shall have the discretion to extend a current eligible list.
B.
The Director shall have the discretion to resurrect an expired eligible list
within one (1) year of the initial expiration date of the list.
C.
An appointing authority shall have the discretion to appropriate a qualified
applicant pool for identical or highly similar positions justified through
competent job analyses. (01/01/2021)
4-15. Cancellation or expiration of a list does not affect the legal rights of employees on
military leave. (3/30/13)
Board Rule 4-16.
An employee or an appointing authority may initiate a transfer.
When the appointing authority(s) initiates the transfer, for reasonable business
necessity, within the same department and the employee refuses it, the
employee is deemed to have resigned. If the transfer is beyond a twenty-five (25)
mile radius of the employee’s current work location, is longer than six (6) months,
and was not a condition of employment, the employee’s name is placed on the
reemployment list. (3/30/13)
4-17. A person may be reinstated to a related class with the same or lower pay range
maximum than the previously certified class. (3/30/13)
4-18. Provisional appointments may be made only if the position cannot be filled
conditionally. (3/30/13)
Reemployment Lists
4-19. Employees on a departmental reemployment list may limit their availability to
specific locations and work schedules. Departmental reemployment lists last for
one year. (3/30/13)
ass with the same or lower pay range
maximum than the previously certified class. (3/30/13)
4-18. Provisional appointments may be made only if the position cannot be filled
conditionally. (3/30/13)
Reemployment Lists
4-19. Employees on a departmental reemployment list may limit their availability to
specific locations and work schedules. Departmental reemployment lists last for
one year. (3/30/13)
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
41
Residency Requirements
Board Rule 4-20.
A department may request that the Director grant a residency
waiver when the department can show there is an insufficient instate applicant
pool. If the Director denies a waiver, the department may submit the request to
the Board within ten (10) days. In its review of the request, the Board may grant
the residency waiver if the department can show there is an insufficient instate
applicant pool, including, but not limited to, consideration of the following factors:
A.
The position(s) involved requires special education or training; or
B.
The position(s) involved requires special professional or technical
qualifications; and
C.
It is not feasible to train and hire from within. (3/30/13)
Job Announcement Requirements
4-21. Job announcements shall be posted in such a manner as to give potential
applicants notice of a vacancy, a reasonable opportunity to apply for the
vacancy, notice of the required application documentation, notice of appeal
rights, and a description of the position. In addition, all job announcements shall:
A.
Be posted for a reasonable amount of time and in locations where
potential applicants might reasonably expect to find them;
B.
Specify the following:
1.
The class to which the vacancy is classified within the state
personnel system;
2.
The pay range or anticipated hiring pay rate for that classification;
3.
The working location for the vacancy;
4.
The closing date for accepting applications for the vacancy;
5.
The minimum qualifications for the vacancy;
6
where
potential applicants might reasonably expect to find them;
B.
Specify the following:
1.
The class to which the vacancy is classified within the state
personnel system;
2.
The pay range or anticipated hiring pay rate for that classification;
3.
The working location for the vacancy;
4.
The closing date for accepting applications for the vacancy;
5.
The minimum qualifications for the vacancy;
6.
The nature of required experience and/or education for the
vacancy;
7.
That experience may substitute for the required education, except
where such education is required by law or accreditation standards.
The Department may specify the nature of experience that
substitutes for education;
8.
Any additional special qualifications for the vacancy;
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
42
9.
Any preferred qualifications for the vacancy;
10.
Any conditions of employment, including physical requirements or
background check;
11.
The documentation which shall be submitted in order for the
application to be reviewed and, if any forms shall be completed,
where those forms may be obtained; and
12.
The address to which the application shall be submitted. (3/30/13)
Minimum & Special Qualifications
4-22. Required experience, education, licensure and/or certification may not be
changed unless either validated by a competent job analysis or approved in
writing by the Director. (3/30/13)
Comparative Analysis / Eligible List
4-23. The assessment process is considered to be competitive if a reasonable
opportunity was provided to potentially qualified persons to apply and compete
against the same job-related standards. Any comparative analysis shall be a
professionally accepted standard that compares specific job-related knowledge,
skills, abilities, behaviors and other competencies. Comparative analysis shall
meet professionally accepted standards for assessments of qualifications,
competencies and job fit. (3/30/13)
4-24
potentially qualified persons to apply and compete
against the same job-related standards. Any comparative analysis shall be a
professionally accepted standard that compares specific job-related knowledge,
skills, abilities, behaviors and other competencies. Comparative analysis shall
meet professionally accepted standards for assessments of qualifications,
competencies and job fit. (3/30/13)
4-24. Comparative analysis shall consist of professionally accepted assessments of
job-related qualifications, competencies, knowledge, skills, abilities, and job fit,
including but not limited to structured interviews, application/resume review, oral
examinations, written objective tests, written narrative tests, performance tests,
training and/or experience evaluations, and physical capacity tests. Performance
evaluations may be used as part of a promotional comparative analysis.
Assessment tools and/or examinations shall be developed, administered, and
scored in compliance with professional guidelines and state and federal law. If
multiple components are used to assess qualifications, the applicant may be
required to pass one step before proceeding to the next. All examination
materials and scores are confidential except as provided by the Colorado Open
Records Act. (07/01/2025)
4-25. An eligible list shall be considered established at the time when any and all
applicable comparative analysis is completed. (3/30/13)
Testing & Examinations
4-26. All examinations and assessments are subject to review and approval by the
Director. (3/30/13)
ing to the next. All examination
materials and scores are confidential except as provided by the Colorado Open
Records Act. (07/01/2025)
4-25. An eligible list shall be considered established at the time when any and all
applicable comparative analysis is completed. (3/30/13)
Testing & Examinations
4-26. All examinations and assessments are subject to review and approval by the
Director. (3/30/13)
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
43
4-27. If the department initiates an examination, then:
A.
The examination portion of the process shall be completed;
B.
The examinations scored in accordance with professional standards; and
C.
The applicants ranked accordingly. (3/30/13)
4-28. Examinations do not have to be scored if:
A.
The departmental human resources director determines that the testing
process has been compromised and notifies all qualified applicants of that
determination, the basis for the determination and the next step in the
selection process; or
B.
Permission to fill the position has been withdrawn. (3/30/13)
Background Checks
4-29. Background investigations and physical or psychological examinations are
allowed when validated by a competent job analysis or state or federal
guidelines. (3/30/13)
Referral and Interview/ Eligible List
4-30. If the selection process results in fewer than six (6) applicants on an eligible list,
the list may be supplemented by additional applicants obtained through further
posting and comparative analysis for the vacancy, as follows:
A.
If none of the qualifications for the vacancy are changed then the same
process shall be administered and the results from both postings shall
then be integrated.
B.
If any qualifications are changed, a new recruitment will be initiated.
(1/1/14)
Board Rule 4-31.
Addition of candidates leading to an adjustment of placement on an
eligible list due to open continuous recruitment shall not affect prior appointments
or referrals from which an appointment has not been made. (1/1/14)
4-32
e administered and the results from both postings shall
then be integrated.
B.
If any qualifications are changed, a new recruitment will be initiated.
(1/1/14)
Board Rule 4-31.
Addition of candidates leading to an adjustment of placement on an
eligible list due to open continuous recruitment shall not affect prior appointments
or referrals from which an appointment has not been made. (1/1/14)
4-32. If a departmental reemployment list exists, all those qualified are notified and
referred in alphabetical order and no other employment lists are used. (3/30/13)
4-33. In the event of a tie as the result of a numeric comparative analysis, the referral
list shall be composed of only the six (6) highest-ranking individuals, plus any
individuals tying with those individuals. If a comparative analysis is not conducted
because there are six (6) or fewer qualified applicants, the referral list shall be
comprised of those applicants. (1/1/14)
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
44
Board Rule 4-34.
In the case of filling multiple vacancies within the same class from
the same eligible list, no more than the top six (6) candidates may be considered
for each position as it is filled. If an appointing authority decides to fill multiple
vacancies simultaneously, then the appointing authority may consider six (6) plus
one (1) additional candidate for every additional position. (1/1/14)
4-35. Upon receipt of a request to fill a vacancy by an open-competitive or promotional
method of appointment, a referral will be made from the appropriate eligible lists
to the appointing authority. All those referred shall be notified of any contact
information for the interview. (3/30/13)
4-36. If a non-numerical or combination of numerical and non-numerical comparative
analysis is used, the referral list should be comprised of the top six (6) individuals
plus any eligible veterans
ethod of appointment, a referral will be made from the appropriate eligible lists
to the appointing authority. All those referred shall be notified of any contact
information for the interview. (3/30/13)
4-36. If a non-numerical or combination of numerical and non-numerical comparative
analysis is used, the referral list should be comprised of the top six (6) individuals
plus any eligible veterans. If a numerical comparative analysis is used, the
referral list shall only be composed of the six (6) highest ranking individuals.
(3/30/13)
4-37. Appointing authorities or their designees shall consider or make a reasonable
attempt to interview all applicants on the referral list in compliance with state and
federal law. (3/30/13)
4-38. Any additional evaluation or assessment conducted after the referral shall be
related to the job and administered to all applicants participating in the job
interview process. (3/30/13)
Removal from Employment Lists / Removal from Consideration
4-39. Persons may be removed from employment lists for consideration by an
appointing authority or agency HR office for these specific reasons:
A.
Reasons for mandatory removal from all employment lists or from
consideration for all vacancies:
1.
Attempts to use bribery;
2.
Unauthorized access to examination information;
3.
False statements or attempts to practice fraud and deception during
the selection process; or
4.
Existence of a written agreement between the individual and a
department that the individual will not seek or accept work from the
state.
B.
Reasons for mandatory removal from a specific employment list or from
consideration for the relevant vacancy:
1.
Failure to meet the minimum qualifications; or
3.
False statements or attempts to practice fraud and deception during
the selection process; or
4.
Existence of a written agreement between the individual and a
department that the individual will not seek or accept work from the
state.
B.
Reasons for mandatory removal from a specific employment list or from
consideration for the relevant vacancy:
1.
Failure to meet the minimum qualifications; or
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
45
2.
Existence of a written agreement between the individual and the
department that the individual will not seek or accept work from the
department which is removing the individual from the employment
list.
C.
Reasons for discretionary removal from one or more employment lists or
from consideration for relevant vacancies:
1.
Violation of federal or state law or regulations that affect the ability
to perform the job;
2.
No longer interested in or available for employment with the
department or the state personnel system;
3.
Failure to appear for examination or participate in any aspect of the
comparative analysis process;
4.
Failure to meet the conditions of employment such as physical
requirements, background check, or others as set forth in the job
announcement;
5.
Failure to respond to a referral within the specified time frame as
communicated to the individuals referred, or to complete any
portion of the selection process;
6.
Failure to be appointed after at least three referrals and interviews
for vacancies with the same appointing authority, who is removing
the person from the employment list, within an eighteen (18) month
period;
7.
Documented failure to demonstrate proficiency in a required job-
related competency set forth in the job announcement;
8.
Documentation of unsatisfactory performance indicating an inability
to perform in an area directly related to the job;
9.
Appointment to a position in the class for which a list was
established; or
10
the person from the employment list, within an eighteen (18) month
period;
7.
Documented failure to demonstrate proficiency in a required job-
related competency set forth in the job announcement;
8.
Documentation of unsatisfactory performance indicating an inability
to perform in an area directly related to the job;
9.
Appointment to a position in the class for which a list was
established; or
10.
Refusal of an appointment or condition(s) of employment previously
indicated as acceptable. (1/1/14)
Employment Status
Board Rule 4-40.
Probationary service applies to appointments to permanent
positions of:
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
46
A.
Employees who have not been previously employed within the state
personnel system;
B.
At the discretion of the appointing authority, any reinstated former certified
employees. (3/30/13)
Board Rule 4-41.
The probationary service period shall not exceed 12 working
months except as provided in Chapter 5, Time Off, or when there is a selection
appeal pending. If the probationary employee separates from employment for
any period of time, a new service date is required based on the date of rehire.
(3/30/13)
A.
Probationary employees do not have a right to a pre-disciplinary meeting,
to a mandatory hearing to review discipline for unsatisfactory
performance, to be granted a period of time to improve performance, to be
placed on a reemployment list, or to the privilege of reinstatement.
However, probationary employees may petition the Board for a
discretionary hearing on non-disciplinary matters.
Board Rule 4-42.
Trial Service applies to appointments to permanent positions as
follows:
A.
At the discretion of the appointing authority:
1.
A current certified employee who voluntarily transfers to a position
within the same class;
2.
A current certified employee or reemployment applicant who
transfers to a position in a different class with the same pay range
maximum;
B
n-disciplinary matters.
Board Rule 4-42.
Trial Service applies to appointments to permanent positions as
follows:
A.
At the discretion of the appointing authority:
1.
A current certified employee who voluntarily transfers to a position
within the same class;
2.
A current certified employee or reemployment applicant who
transfers to a position in a different class with the same pay range
maximum;
B.
A current certified employee or a reemployment applicant who promotes;
and
C.
Any reinstated applicant unless the appointing authority requires a
probationary period. (1/01/15)
Board Rule 4-43.
The trial service period shall not exceed six working months, except
as provided in Chapter 5, Time Off, or when there is a selection appeal pending.
An employee who fails to perform satisfactorily during trial service shall revert to
an existing vacancy in the previously certified class in the current department
with no right to a hearing or, if there is no existing vacancy in the previously
certified class in the current department, shall be accorded any retention rights to
which the employee may be entitled under § 24-50-124, C.R.S. and/or Board
Rule. The appointing authority has discretion to administer corrective or
disciplinary action instead of reversion. (3/30/13)
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
47
Board Rule 4-44.
The following applicants or employees retain their certified status
when appointed to a new class or position:
A.
A current certified employee who demotes;
B.
A reemployment applicant who is appointed to a position within the same
class;
C.
A current certified employee who voluntarily transfers to a position within
the same class remains certified unless the appointing authority requires a
trial service period
D.
A current certified employee or a reemployment applicant who voluntarily
transfers to a different class with the same pay range maximum remains
certified unless the appointing authority requires a trial service period;
E
C.
A current certified employee who voluntarily transfers to a position within
the same class remains certified unless the appointing authority requires a
trial service period
D.
A current certified employee or a reemployment applicant who voluntarily
transfers to a different class with the same pay range maximum remains
certified unless the appointing authority requires a trial service period;
E.
A current certified employee who involuntarily transfers to a position within
the same class or a position within a different class with the same pay
range maximum. (3/30/13)
Board Rule 4-45.
Early certification is not allowed if a selection appeal is pending.
(3/30/13)
Board Rule 4-46.
When accepting a state position outside the state personnel system
at the request of an elected or appointed state official, a certified employee is
subject to the provisions of § 24-50-137, C.R.S. (3/30/13)
4-47. A temporary appointment refers to a qualified person who is appointed to a
position or positions for a period not to exceed nine (9) months in any twelve (12)
month period. The nine (9) month limitation shall be inclusive of all temporary
appointments and departments. Temporary appointments include appointments
to temporary positions, conditional, and provisional appointments. (07/01/2025)
4-48. All temporary positions shall be in the Temporary Aide class. Temporary
employees are employed at will and do not have the rights and benefits provided
to permanent employees, except those mandated by law and pay range
minimum. Effective December 31, 1998, no credit is provided for a temporary
position when an employee accepts a permanent position in the same class
without a break in service.
A.
When the services for the relevant position are permanent and full-time,
the position shall not be filled through a succession of temporary
appointments.
B
permanent employees, except those mandated by law and pay range
minimum. Effective December 31, 1998, no credit is provided for a temporary
position when an employee accepts a permanent position in the same class
without a break in service.
A.
When the services for the relevant position are permanent and full-time,
the position shall not be filled through a succession of temporary
appointments.
B.
When services are seasonal or annually recurring, department heads
should consider creating a permanent part-time position, including
analysis of potential partnering with other departments in the same
geographic location, as provided in Chapter 10, Personal Services
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
48
Contracts. However, either a permanent part-time or temporary position
may be used. (3/30/13)
Board Rule 4-49.
A person in conditional status does not have a break in service as a
result of having a conditional appointment. If the employee is subsequently
appointed, to the position to which they were conditionally appointed, from a list,
the trial service period begins on the date of the conditional appointment. If not
subsequently appointed to the position, the employee reverts to an existing
vacancy in the certified class in the current department. If no vacancy exists,
layoff provisions apply. (3/30/13)
Board Rule 4-50.
If a person with provisional status is subsequently appointed, to the
position to which they were provisionally appointed, from a list, the probationary
period begins on the date of the appointment from the referral list. Provisional
employees do not have the rights and benefits provided to classified employees
within the state personnel system, except those mandated by law and pay range
minimum. (3/30/13)
Board Rule 4-51.
A substitute appointment may only be made to perform the duties
of a filled position during a leave or for training purposes
y
period begins on the date of the appointment from the referral list. Provisional
employees do not have the rights and benefits provided to classified employees
within the state personnel system, except those mandated by law and pay range
minimum. (3/30/13)
Board Rule 4-51.
A substitute appointment may only be made to perform the duties
of a filled position during a leave or for training purposes. This appointment shall
not exceed nine months in a twelve (12) month period unless transfer, demotion,
or examination fills it. Layoff provisions do not apply and a certified employee is
returned to a position in the former class. (3/30/13)
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
49
Chapter 5
Time Off
Authority for rules promulgated in Chapter 5, Time Off, is found in:
State of Colorado Constitution Article XII, Section 13, The Family Medical Leave Act
(FMLA), Colorado Paid Family and Medical Leave Insurance (FAMLI) Act, Americans
with Disabilities Act (ADA), Family Care Act (FCA), Uniformed Services Employment
and Reemployment Rights Act (USERRA), The Patient Protection and Affordable Care
Act (PPACA), commonly called the Affordable Care Act (ACA), Healthy Families and
Workplace Act, the Public Health Emergency Whistleblower Act and 26 U.S.C. 63.
State of Colorado Revised Statutes (C.R.S.) §1-6-115, 1-6-122, 1-7-102, 8-13.3-401, 8-
13.3-501, 8-40-101, 14-2-101, 14-15-103,24-11-101, 24-11-112, 24-18-102, 24-33.5-
825, 24-50-104, 24-50-109.5, 24-50-401, 28-1-104, 28-3-601, 28-6-602, 28-3-607, 28-3-
609, and 28-3-610.
General Principles
5-1.
Employees are required to work their established work schedule unless on
approved leave. Employees are responsible for requesting leave as far in
advance as possible. The leave request shall provide sufficient information to
determine the type of leave. (5/1/10)
A.
The appointing authority shall respect the employee's privacy rights when
requesting adequate information to determine the appropriate type of
leave. (02/2017)
B
ork their established work schedule unless on
approved leave. Employees are responsible for requesting leave as far in
advance as possible. The leave request shall provide sufficient information to
determine the type of leave. (5/1/10)
A.
The appointing authority shall respect the employee's privacy rights when
requesting adequate information to determine the appropriate type of
leave. (02/2017)
B.
Appointing authorities are responsible for approving all leave requests and
for determining the type of leave granted, subject to these rules and any
additional departmental leave procedures. Departmental procedures shall
be provided to employees. (02/2017)
C.
Except for paid sick leave, Family Medical Leave (FML), state FML, leave
under the FAMLI (Family and Medical Leave Insurance) program, short-
term disability leave or public health emergency leave, use of any other
leave that is not approved by the appointing authority may result in the
denial of paid leave and/or corrective or disciplinary action. (01/01/2021)
D.
Mandates to maintain a minimum balance of annual leave is not permitted
except under a leave sharing program or a corrective or disciplinary
action. (12/1/2023)
1.
Repealed. (07/01/2025)
5-2.
Paid leave is to be exhausted before an employee is placed on unpaid leave,
unless the reason for leave does not qualify for the type of leave available, during
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
50
a mandatory or voluntary furlough, or if prohibited by state or federal law.
(07/01/2025)
5-3.
Departments shall keep accurate leave records in compliance with rule and law
and be prepared to report the use of any type of leave when requested by the
Director. (5/1/10)
Accrued Paid Leave
5-4.
Annual leave is for an employee’s personal needs and use is subject to the
approval of the appointing authority. The appointing authority may establish
periods when annual leave will not be allowed, or shall be taken, based on
business necessity
ds in compliance with rule and law
and be prepared to report the use of any type of leave when requested by the
Director. (5/1/10)
Accrued Paid Leave
5-4.
Annual leave is for an employee’s personal needs and use is subject to the
approval of the appointing authority. The appointing authority may establish
periods when annual leave will not be allowed, or shall be taken, based on
business necessity. These periods cannot create a situation in which the
employee does not have a reasonable opportunity to use requested leave that
will be subject to forfeiture. If the department cancels approved leave that results
in forfeiture, the forfeited hours shall be paid before the end of the fiscal year.
(5/1/10)
A.
Due to the declaration of a state of emergency by the Governor, as
defined in the Colorado Disaster Emergency Act, if annual leave was
denied, canceled or the employee was not given reasonable opportunity to
use the requested annual leave, resulting in annual leave being subject to
forfeiture under rule, up to eighty (80) hours of leave over the maximum
accrual allotment may be carried over to the next fiscal year in lieu of
payment. The over accrued annual leave amount (up to eighty (80) hours)
will roll over to the next fiscal year on July 1 and will be available to the
employee to use. This amount will not carry over for a second fiscal year.
Any annual leave hours over the maximum accrual amount not carried
over in this Rule 5-4.(A) and subject to forfeiture shall be paid out to the
employee before the end of the fiscal year. (08/01/2020)
5-5.
Sick leave is for health reasons, including mental or physical illness, injury, a
health condition, diagnostic and preventative examinations, treatment, and
recovery. Sick leave may also be used for safety reasons and after the death of a
family member. Sick leave is not to be used for bonding with a newborn child or a
child newly placed for adoption or foster care. Accrued sick leave may be used
for the following: (07/01/2025)
A
including mental or physical illness, injury, a
health condition, diagnostic and preventative examinations, treatment, and
recovery. Sick leave may also be used for safety reasons and after the death of a
family member. Sick leave is not to be used for bonding with a newborn child or a
child newly placed for adoption or foster care. Accrued sick leave may be used
for the following: (07/01/2025)
A.
The employee or the employee's family members (related by blood,
adoption, marriage, or civil union) including a child to whom the employee
stands in loco parentis or a person who stood in loco parentis to the
employee when the employee was a minor, domestic partners, in-laws,
step relatives and for a person for whom the employee is responsible for
providing or arranging health or safety-related care. Special consideration
will also be given to any other person whose association with the
employee is similar to a family member. (01/01/2021)
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
51
B.
An injured military service member as established under Rule 5-20 (F),
legal dependent, or a person in the household for whom the employee is
the primary caregiver. (04/01/2020)
C.
Appointing authorities may use discretion to send employees home for an
illness or injury that impacts the employee's ability to perform the job or
the safety of others.
1.
Sick leave shall be charged first;
2.
Annual leave shall be charged if sick leave is exhausted; then
3.
Unpaid leave if both annual and sick leave are exhausted.
(01/01/2021)
D.
Upon their return to work, employees shall provide reasonable
documentation for absences of four (4) or more consecutive days the
employee would have ordinarily worked for the use of sick leave.
(07/01/2025)
1.
If the documentation is deficient, the appointing authority must
notify the employee within seven (7) days from receipt of the
document or the employee's return to work and provide the
employee at least seven (7) days to cure the deficiency
(07/01/2025)
2
mentation for absences of four (4) or more consecutive days the
employee would have ordinarily worked for the use of sick leave.
(07/01/2025)
1.
If the documentation is deficient, the appointing authority must
notify the employee within seven (7) days from receipt of the
document or the employee's return to work and provide the
employee at least seven (7) days to cure the deficiency
(07/01/2025)
2.
Failure to provide reasonable documentation, or if it is determined
that the leave was used for purposes other than the allowable
reasons, may result in corrective/disciplinary action. Appointing
authorities have the discretion to approve other forms of leave if
sick leave is denied. (07/01/2025)
E.
When an employee or employee’s family member is a victim of domestic
abuse, stalking, sexual assault, harassment or any other crime related to
domestic violence and needs to seek medical attention, mental health
care or other counseling, or victim services including legal services or
relocation. (05/15/2022)
F.
Due to inclement weather, power/heat/water loss, or other unexpected
occurrence, the employee needs to either (a) evacuate their residence, or
(b) care for a family member whose school or place of care was closed.
(12/1/2023)
G.
When the employee needs to grieve, attend funeral services or a
memorial, or deal with financial and legal matters that arise after the death
of a family member. This reason for sick leave does not supplant an
employee’s eligibility and use of approved bereavement leave under Rule
5-12. (12/1/2023)
residence, or
(b) care for a family member whose school or place of care was closed.
(12/1/2023)
G.
When the employee needs to grieve, attend funeral services or a
memorial, or deal with financial and legal matters that arise after the death
of a family member. This reason for sick leave does not supplant an
employee’s eligibility and use of approved bereavement leave under Rule
5-12. (12/1/2023)
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
52
Exhaustion of Leave and Administrative Discharge
5-6.
If an employee has exhausted all credited paid leave and is unable to return to
work, unpaid leave may be granted or the employee may be administratively
discharged by written notice following a good faith effort to communicate with the
employee. Administrative discharge applies only to exhaustion of leave.
(11/1/2019)
A.
The notice of administrative discharge shall inform the employee of appeal
rights and the need to contact the employee's retirement plan on eligibility
for retirement.
B.
An employee cannot be administratively discharged if FML, state family
medical leave, employment protection under FAMLI, or short-term
disability leave (includes the thirty (30) day waiting period) apply, or if the
employee is a qualified individual with a disability under the ADA who can
reasonably be accommodated without undue hardship. (07/01/2025)
C.
A certified employee who has been discharged under this rule and
subsequently recovers has reinstatement privileges.
dical leave, employment protection under FAMLI, or short-term
disability leave (includes the thirty (30) day waiting period) apply, or if the
employee is a qualified individual with a disability under the ADA who can
reasonably be accommodated without undue hardship. (07/01/2025)
C.
A certified employee who has been discharged under this rule and
subsequently recovers has reinstatement privileges.
CODE OF COLORADO REGULATIONS
4 CCR 801-1
State Personnel Board and State Personnel Director
53
5-7.
Table (08/01/2020)
Monthly Leave Earning, Accrual, Payout, and Restoration for Permanent Employees
Annual Leave
Sick Leave****
Years of
Service*
Hrs. /
Mon.
Max.
Accru
al**
Payout
Hrs./Mo
n.
Max.
Accrual
***
Restoration Payout
Years 1 - 3
(01 - 36 Months)
8
192
hours
Upon
terminatio
n or
death,
unused
leave is
paid out
up to the
maximum
accrual
rate.
6.66
360
hours
Previously
accrued sick
leave up to
three
hundred and
sixty (360)
hours is
restored
when
eligible for
reinstateme
nt or
reemployme
nt.
Upon death or if
eligible to retire, one
quarter (¼) of
unused leave paid
out to the maximum
accrual rate. PERA's
age and service
requirements under
the Defined Benefit
plan are applied
regardless of the
plan actually
enrolled in.
Years 4 - 5
(37 – 60 Months)
9
216
hours
Years 6 - 10
(61 - 120
Months)
11
264
hours
Years 11 -15
(121 - 180
Months)
13
312
hours
Year 16 or
Greater
(181 or more
Months)
16
384
hours
* Years of service is computed from the 1st
calendar day of the month following the hire
date; except if the employee began work on the
1st working day of a month, include that month
in the count. Employees with prior permanent
state service, in or out of the state personnel
system, earn leave based on the total whole
months of service, excluding temporary
assignments.
or more
Months)
16
384
hours
* Years of service is computed from the 1st
calendar day of the month following the hire
date; except if the employee began work on the
1st working day of a month, include that month
in the count. Employees with prior permanent
state service, in or out of the state personnel
system, earn leave based on the total whole
months of service, excluding temporary
ass
This text is long and has been trimmed here. Open the source document for the complete record.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.