![]() ![]() Starting January 1, 2022, small and large employers alike have the same accrued leave responsibilities. Needs due to suffering domestic violence, sexual abuse, or criminal harassment or caring for family with such conditions or needs.Preventive care (including vaccination).Diagnosis, care, or treatment of such conditions.Any mental or physical illness, injury, or health condition that prevents work.This requirement took effect January 1, 2021, and is permanently in effect, not just during the COVID emergency.Īccrued leave is usable for a wide range of health and safety needs, not just COVID-related: Needs include: § 8-13.3-402(9) (link in “References” section below).Įmployers are also required to provide one hour of paid leave per 30 hours worked, up to 48 hours per year. For more information on what constitutes a public health emergency under HFWA, see C.R.S. If a federal, state, or local emergency is declared that requires a new two-week PHE leave supplement for Monkeypox-related reasons, this webpage will be updated as soon as possible. However, accrued paid sick leave for personal or family health needs related to Monkeypox can be taken if the leave is for one or more of the needs listed in the Accrued Paid Sick Leave section below. Colorado law provides supplemental paid sick leave when a federal public health emergency is declared for a “highly fatal infectious agent.” Currently, the evidence does not appear to show the current strain of monkeypox to be “highly fatal.” Accordingly, the Monkeypox public health emergency declared by the federal Department of Health and Human Services on Augis not the type that triggers supplemental paid sick leave under Colorado law. Are Employers Required to Provide PHE Leave Related to Monkeypox? Based on the current emergency declarations, PHE emergency leave will continue at least into May 2023, but will continue longer if either the federal or the state PHE declaration is renewed further into 2023. This 80-hour PHE leave will continue until four weeks after all applicable PHE declarations end or are suspended. Needs to care for family (illness, school closure, etc.)Įmployers cannot require documentation from employees to show that leave is for PHE-related needs. ![]() Inability to work due to health conditions that may increase susceptibility or risk of COVID.Quarantining or isolating due to exposure.Symptoms of COVID, such as fever or chills, cough, fatigue, muscle or body aches, headache, sore throat, congestion or runny nose.PHE leave is usable for a range of PHE-related needs, not just for confirmed cases. The expansion beyond COVID doesn’t give employees an extra 80 hours for those conditions, it just means they can use their 80 hours for a broader range of conditions. Those with flu or RSV symptoms already were likely covered as having COVID symptoms - so a key impact of this expansion may be that coverage remains even if testing confirms someone has flu or RSV rather than COVID. From Novemuntil January 8, 2023, the conditions covered by Colorado's PHE declaration at the time include health needs related to not just COVID, but also flu, respiratory syncytial virus (“RSV”), and similar respiratory illnesses. § 8-13.3-402(9)) - and while state public health orders have been scaled back, currently federal and Colorado PHEs both remain declared.Īs of January 8, 2023, the conditions covered by Colorado’s latest PHE declaration are COVID-related only. Colorado’s 80-hour PHE leave is ongoing: It continues as long as a federal or state PHE is declared (C.R.S. In addition to “accrued paid sick leave” (addressed below), all Colorado employers, regardless of size or industry, still must provide employees with public health emergency (“PHE”) leave (two weeks - 80 hours, or less for part-time employees) under the Colorado Healthy Families and Workplaces Act (HFWA). Update - JanuPublic Health Emergency Leave is Still in Effect - Reduced to COVID Only From January 8, 2023. Public Health Emergency (PHE) Leave ( Includes Similar Respiratory Illnesses from NovemJanuary 8, 2023) ![]()
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