Effective April 27, 2020, the?Colorado Health Emergency Leave with Pay Rules ("Colorado HELP" 7 CCR 1103- 10) were updated to expand the paid sick leave mandate to more businesses. The update also expands the number of days of required pay from four full days of pay to two weeks (up to 80 hours) at two-thirds pay and the circumstances under which businesses must provide paid leave.

The updated rules are effective for 30 days or longer if the state of emergency declared by Governor Polis continues, up to a maximum of 120 days after amended adoption of the rules.

Workers are covered regardless of pay rate or method. The daily pay during the paid leave is either the workers' established daily rate or, if their pay fluctuates, their average daily pay for the past month.

Businesses are required, as of April 27, 2020, to provide paid leave to individuals who are suffering from COVID-19, flu-like or other respiratory illness symptoms and are being tested for COVID-19, and those who are quarantined or isolated due to instructions from a health provider or authorized government official if the employer or its employees are engaged in the following services:

• Leisure and hospitality
• Retail stores (as of April 27, 2020; retail stores that sell groceries were covered as of March 26, 2020)
• Real estate sales and leasing (as of April 27, 2020)
• Offices and office work (as of April 27, 2020)
• Elective medical, dental, and health services (as of April 27, 2020)
• Personal care services (as of April 27, 2020; defined as hair, beauty, spas, massage, tattoos, pet care, or substantially similar services)
• Food and beverage manufacturing (as of April 3, 2020)
• Food services
• Childcare
• Education, including transportation, food service, and related work with educational establishments
• Home health, if working with elderly, disabled, ill, or otherwise high-risk individuals
• Nursing homes
• Community living facilities

Emergency regulations previously only required four days of leave from limited industries

Effective March 11, 2020, the previously issued emergency rules temporarily required employers in certain industries to provide four days of paid sick leave to employees with flu-like symptoms while awaiting COVID-19 (novel coronavirus) testing. (EY Payroll Newsflash Vol. 21, #082, 3-20-2020; news release, Colorado Department of Labor and Employment, March 11, 2020.)

The original rules required four days of paid sick leave to employees being tested for COVID-19 in the following industries: leisure and hospitality; food services; child care; education, including transportation, food service, and related work at educational establishments; home health, if working with elderly, disabled, ill, or otherwise high-risk individuals; and nursing homes and community living facilities.

Employers that already provide paid sick leave that meets or exceeds the Colorado requirements do not need to provide additional paid leave.

Penalties of $100 per day per employee may be assessed to employers that fail to pay sick leave as required. See the Colorado Department of Labor and Employment's website for frequently asked questions regarding the updated emergency rules.

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EY Payroll News Flash