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May 2023: Colorado Declares COVID-19 Public Health Emergency Has Ended

17 May


Update Applicable to:

All Colorado employers.

What happened?

As announced in late January, the federal public health emergency declarations for COVID-19 will end on May 11. The State of Colorado has been planning for the end of the pandemic emergency for more than a year, authoring the Roadmap to Moving Forward as a way to navigate the changes.

What are the details?

All employers in Colorado have been obligated to provide PHE leave for COVID-19-related absences since January 1, 2021. The law was enacted to address the COVID-19 pandemic and contains broad language applicable to any public health emergency declared by federal, state, or local public health agency. Gov. Polis allowed the Executive Order giving rise to the PHE in Colorado to expire on May 5, 2023. The COVID-19 national PHE is set to expire on May 11, 2023, which will trigger the four-week countdown for supplemental PHE leave. This means that employees may use supplemental PHE leave until June 8, 2023, upon which employers will no longer need to administer such leave.

Four weeks after the state and federal public health emergencies end, employers will no longer be required to provide up to 80 hours of public health emergency leave. They will still need to provide accrued paid sick leave: one hour of paid leave per 30 hours worked, up to 48 hours per year. Coloradans can use this accrued leave to recover from COVID-19 or to get a COVID-19 vaccine.

For more information, please see the links below:

Press Release


What do employers need to do?

Employers should review and revise existing covid-19 policies specific to the state’s Healthy Families and Workplaces Act (HFWA) in accordance with the above changes.

Need help understanding how changes to employment laws will affect your business?

Learn more about how Vensure's Colorado PEO services can help you navigate complex employment laws and keep your business compliant.

This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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