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09 Feb

January 2021 Colorado HR Legal Updates

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CDLE Confirms COVID-19 Considered Public Health Emergency for Paid Sick Leave Considerations

Update Applicable to:
All Colorado Employers.

What happened?
The Colorado Department of Labor and Employment (CLDE) has new INFO documents that state that going into 2021 COVID-19 will trigger the Healthy Families and Workplaces Act’s (HFWA) Public Health Emergency provisions.

What are the details?
Those familiar with the HFWA will remember that there was a provision included in the legislation that would grant similar supplemental leave as was provided temporarily to Colorado employees for the duration of 2020. This supplemental leave would only be provided should a state of emergency be declared in the state of Colorado and would be usable for the same reasons as the temporary COVID-19 supplemental sick leave. Many employers were wondering if the provision would be active once 2021 arrived due to COVID-19 meeting the criteria but having been covered already by a previous piece of legislation.

The CDLE has since provided clarification in INFO # 6C that employers will now be required to provide another 80 hours of supplemental paid sick leave to employees, this is from a different pool as the previously required 80 hours of supplemental paid sick leave.

INFO #6C can be found here.

What do employers need to do?
Colorado employers should look to update their management teams about this potential increase in supplemental paid sick leave to avoid workplace confusion.