Colorado: Emergency Paid Sick Leave Clarified

On February 23, 2021, the Colorado Department of Labor and Employment (CDLE) clarified employers’ public health emergency leave (“PHEL”) obligations under the Healthy Families and Workplaces Act (HFWA).

First, employers must provide employees access to up to 80 hours of PHEL for full-time employees, and an equivalent amount to part-time employees based on the number of hours part-time employees work in a 14-day period. The rules clarified that part-time employees receive PHEL in “the greater of the number of hours the employee (a) is scheduled for work or paid leave in the 14-day period after the leave request, or (b) actually worked in the 14-day period prior to the declaration of the public health emergency or the leave request, whichever is later.”

Additionally, there was some question about whether newly hired employees would be entitled to PHEL. Because PHEL eligibility is tied to when an employee requests leave, all employees are entitled to PHEL regardless of their date of hire. Employers should review these changes immediately as they do not change existing rules, but merely clarify current requirements.

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