November 9, 2021
Colorado extends temporary COVID-19 paid sick leave requirement
The Colorado Department of Labor and Employment notified EY that the temporary COVID-19 paid sick leave requirements under the Healthy Families and Workplaces Act (HFWA) will remain in effect until at least January 16, 2022, and that the earliest possible end date of the right to 80 hours of COVID-19 related sick leave is February 13, 2022. (Email, Colorado Department of Labor, November 17, 2021; Executive Order D 2021 136).
Temporary COVID-19 paid sick leave
Effective July 14, 2020, §406 of the HFWA required that all Colorado employers provide up to 80 hours of COVID-19 supplemental paid sick leave to employees not covered by the federal Families First Coronavirus Response Act (FFCRA). (Colorado Department of Labor and Employment, INFO #6A, INFO #6C.)
Due to the expiration of the FFCRA effective after December 31, 2020, §405 of the HFWA requires that, effective January 1, 2021, all Colorado employers, regardless of size, provide up to 80 hours of supplemental paid sick leave to their employees for the period the public health emergency applies.
Regular paid sick leave
Under the regular paid leave requirements of the HFWA, and effective January 1, 2021 (January 1, 2022 for employers with 15 more employees), Colorado employers must provide at least one hour of paid leave for every 30 hours worked, up to 48 hours per year. Employees exempt from the overtime pay requirement accrue leave as though they work 40 hours per week, regardless of the actual hours worked. (Colorado Department of Labor and Employment, INFO #6B.).
The HFWA requires employers to (1) notify employees in writing of the right to take paid leave, in the amounts and for the purposes in the HFWA, without retaliation, and (2) display an informational poster. (C.R.S. 8-13.3-408.)
For employees working remotely, and for all employees of employers without a physical workspace, complying with the requirement in "(1)" above is sufficient and can be provided electronically.
Employers must provide notices and posters in any language that is the first language spoken by at least 5% of their workforce.
Versions of employee notices in other languages (including Spanish) are available on the Department's website.
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