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All Colorado employees are now eligible for accrued paid sick leave

By: Amber McIver-Traywick | The Surveyor | February 17, 2022 | Local News

Workers at businesses large and small in Colorado are now required to give employees up to 48 hours of accrued sick leave this year. This is the final step in the implementation of the 2020 Healthy Families and Workplaces Act that expanded access to sick days.

As of Jan. 1, no employers — public or private, and any size or industry in the state — are exempt, aside from the federal government, and no employees are exempt either aside from certain railroad employees.

According to the Colorado Department of Labor and Employment. HFWA provides two types of leave: public health emergency leave and accrued leave. For both emergency and accrued leave it must be paid for time on leave, and at the same pay rate, the employee earns during time worked. Another added benefit is that the time off can’t be counted against the employee as an absence that could lead to being fired or receiving any type of repercussions. Employers can require documentation for accrued paid sick leave (not for COVID-related public health emergency leave), but only for absences of four or more consecutive days — and employees can provide the documentation after the leave ends.

HFWA was introduced and passed just after the state Legislature returned from several months away at the start of the pandemic. This bill also requires employers to grant 80 hours of paid sick leave for treatment of COVID-19 symptoms, continuing a federal policy that expired at the end of 2020. A point to be made on this sick leave is it applies to symptoms of COVID-19, quarantining and isolating due to COVID exposure, COVID testing, getting vaccinated, the inability to work due to health conditions that may increase susceptibility or risk of COVID and COVID-related needs of family including illness of school closures. As the plan rolled out in 2021 it required workers to be able to accrue paid sick leave but only for companies that have 16 or more employees. This year regardless of size employees in Colorado are eligible for paid sick leave.

Employers can’t require documentation from employees to show that leave is for COVID-related needs. The emergency leave requirement remains ongoing, as long as a federal or a state “emergency” remains. As of the New Year, both federal and state emergency declarations remain in effect* Employees still have however many of their 80 hours they didn’t use in 2021. They don’t get a new 80 hours each time they have a COVID-related need, and don’t have a new 80 hours in 2022, except that newly hired employees do get a new 80 hours.

For employees who are accruing paid sick leave, one hour of paid leave is granted per 30 hours worked, up to 48 hours per year. This requirement took effect January 1, 2021, and is permanently in effect, not just during the COVID emergency.

Accrued sick leave is applicable for physical illness as well as any mental illness, injury or health condition that prevents someone from working. Additionally, being diagnosed, receiving care or treatment for conditions and receiving preventative care are also covered. If someone has suffered domestic violence, sexual abuse or criminal harassment or is caring for a family member with these needs the time is also applicable.

For more information on HFWA, or to view a great deal of other guidance on Colorado labor laws visit cdle.colorado.gov/infos.

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