Colorado Paid-Leave Law Replaces Emergency Rules

Colorado’s virus-related temporary paid-leave requirements were replaced with similar rules under a paid-leave law that was signed July 15 by Gov. Jared Polis (D).

The Healthy Families and Workplaces Act (S.B. 20-205) took effect July 15. Guidance and a compliance poster were issued July 15 by the state Department of Labor and Employment.

The new paid-leave rules replace similar emergency requirements that were in effect from March 11 to July 14 under the Colorado Health Emergency Leave With Pay rules. Employers now must provide paid leave for new coronavirus-related needs through Dec. 31.

To qualify, employees must have Covid-19 symptoms and be in the process of seeking a medical diagnosis, must be instructed by a government agent or health provider to quarantine or isolate because of a virus-related risk, and must be caring for someone ordered to quarantine or isolate because of Covid-19 precautions, or a child whose school or care facility is unavailable.

Up to two weeks of paid leave, or 80 hours, is available at employees’ regular pay rate or at two-third their normal pay when they are caring for an adult or a child whose school and care facility is unavailable. Paid leave is to be at the hourly or salaried rate for those whose pay is based entirely or partially on sales.

Paid leave already received in 2020 for coronavirus-related needs count against the two weeks of available paid leave.

Starting in 2021, more conditions are to be covered, but the amount of leave is to be reduced to a maximum of 48 hours of paid leave a year. An additional 32 hours of paid leave in public-health emergencies also is to be available, and employers with fewer than 16 employers are to be exempt from the paid-leave rules.

Interpretive Notice and Formal Opinions (6A and 6B) address requirements that start Dec. 1 and Jan. 1.

The Public Health Emergency Whistleblower Law (H.B. 20-1415) also was signed into law July 15, and took effect then.

The compliance poster that was issued July 15 covers the paid-leave and whistleblower laws and must be replaced by Jan. 1, 2021, with a poster that is to be offered by the state labor agency.

Rulemaking associated with the paid-leave and whistleblower laws is expected soon, the department said.