Understanding Unemployment Benefits in Colorado for Employees with Attendance Issues Due to Illness

When an employee misses work frequently, especially due to illness, this can lead to attendance policy violations. Many workers worry that these violations will disqualify them from receiving unemployment benefits if they lose their job. Many employers need jobs staffed and have kown rules about attendance. In Colorado, the rules around unemployment benefits recognize that some attendance issues happen because of factors beyond an employee’s control, such as illness. This blog post explains how Colorado handles unemployment claims when attendance problems arise from health-related reasons, what employers and employees need to know, and how to protect their rights.

!Eye-level view of a Colorado state unemployment office with informational posters

How Colorado Defines Eligibility for Unemployment Benefits

Unemployment benefits in Colorado are designed to support workers who lose their jobs through no fault of their own. The state’s Department of Labor and Employment reviews claims to determine if the employee qualifies. One key factor is whether the employee was separated from work due to misconduct.

Misconduct generally means intentional or negligent behavior that violates company rules. However, Colorado law recognizes that not all attendance issues are misconduct. If absences happen because of illness or other uncontrollable circumstances, the employee may still qualify for benefits even though the employee absolutely violated attendance policies.

Attendance Policy Violations and Illness

Many employers have clear attendance policies that require employees to notify supervisors, provide medical documentation, or limit the number of absences. Violating these policies can lead to warnings or termination. But Colorado unemployment rules take a closer look at the reasons behind the violations.

If an employee misses work due to illness, especially with proper communication or medical proof, the state may consider these absences excused. Even if the employee technically violated the attendance policy, the reason for the violation matters.

For example:

• An employee who misses several days due to a serious illness that prevents them from going to work may still receive benefits.

• An employee who fails to call in as required though ill in bed in might not qualify.

  
  

The key is whether the absences were outside the employee’s control and not due to willful neglect or disregard for the employer’s rules.

What Happens During the Unemployment Benefits Process

When a former employee files for unemployment benefits in Colorado, the Department of Labor and Employment investigates the claim. They review:

• The work history and earnings

• The reason for job separation

• The Employer's statements about the seperation and evidence

• Any documentation provided, such as medical notes, employer policies, and past warnings

  
  

If attendance issues are involved, the state looks closely at whether the absences were excused or unexcused by employer policy or supervisors and if the worker followed employer policy as much as they were able.

Whomever loses the initail claim filing determination has the right to appeal. During the appeal, each party can present their evidence showing the attendance problems were the responsibility or choice of the former employee or due to illness and other uncontrollable factors.

Tips for Navigating Unemployment Benefit Claims with Attendance Issues

• Be honest and thorough when filing or responding to a claim.

• Submit all relevant documents to your side of the case, including medical records, communication logs and warnings.

• Respond promptly to requests from the unemployment office.

• Consider legal advice if you do not intially win and you believe the decision was unfair.

  
  

Final Thoughts on Unemployment Benefits and Attendance Issues in Colorado

Colorado’s unemployment system recognizes that illness can cause attendance problems beyond an employee’s control. While attendance policies are important, the state balances employer policy with fairness to workers facing personal health challenges. This balance can tip in either direction. Often there are several incidents that result in a attendance related termination and some may be favorable for bennifits being denied and others for bennifits being awarded. What is meant by excessive abscentism within the control or choice of the former employee is the central issue.

Knowing your rights as a former employee or employer and preparing a claim or reply to a claim carefully can make a significant difference.