1 Colo. Code Regs. § 101-1-9-4

Current through Register Vol. 48, No. 1, January 10, 2025

Rule 1 CCR 101-1-9-4 - FINAL PAY FOR A TERMINATING STATE EMPLOYEE

1.AUTHORITY

§24-30-201(1)(e), C.R.S. (Authority to Manage Financial Affairs of the State)

§24-30-202(1) and (8.5), C.R.S. (Authority to Control Expenditures and Make Electronic Payments)

§24-50-104(8)(a), C.R.S. (Payment of Salaries)

2.RULE

Final pay shall be available to terminating State employees as follows:

2.1. When a State employee terminates employment with the State, with or without giving notice, final payment shall be made no later than the employee's next regular pay day, unless the payroll is already processing for that pay day, in which event it shall be made no later than the following regular payday;

2.2. When a State Agency or Institution of Higher Education terminates a State employee, final payment shall be made within three business days of the date of termination. The 24-hour pay provision of § 8-4-109, C.R.S., does not apply to public sector employees;

2.3. Subject to any requirements imposed by the Fair Labor Standards Act, a State Agency or Institution of Higher Education shall deduct any amounts a State employee owes the State from that employee's final pay; See State Controller Payroll Procedure for Final Pay for a Terminating State Employee. A State employee shall return any State laptop, tablet, cellphone or other electronic devices to the State Agency or Institution of Higher Education within one business day of the date of termination. If the employee refuses, the State Agency may pursue any applicable remedies to recover the equipment or value of the equipment not returned;

2.4. Subject to any requirements imposed by the Fair Labor Standards Act, a State Agency or Institution of Higher Education shall deduct the fair market value of any State asset that the State employee fails to return to the State within one business day of the date of termination from that employee's final pay. A State Agency or Institution of Higher Education shall deduct from the fair market value of a State asset returned by the employee upon termination any damage to the asset beyond ordinary wear and tear. These assets shall not include the items listed in §2.4 of this Fiscal Rule; and

2.5. If the State employee's final pay is insufficient to cover the amount the State employee owes the State, then the State employee shall be liable for the remaining outstanding balance.

1 CCR 101-1-9-4

41 CR 19, October 10, 2018, effective 11/1/2018

45 CR 11, June 10, 2022, effective 7/1/2022

46 CR 11, June 10, 2023, effective 7/1/2023

47 CR 08, April 25, 2024, effective 7/1/2024