8/16/2023 0 Comments Colorado psst![]() ![]() All employers, not just employers with 16 or more employees, must provide PHEL to their Colorado employees.This article covers the significant interpretations and clarifications to PHEL under the HWFA from the recent guidance. For more information about the HWFA and its other requirements please see our prior blog post. The guidance and rules, among other things, clarify how the HWFA’s paid sick leave for the public health emergency (“PHEL”) will apply come January 1, 2021, in light of the ongoing COVID-19 pandemic. On December 23, 2020, the Colorado Department of Labor and Employment’s Division of Labor Standards and Statistics (Department) issued an Interpretive Notice & Formal Opinion (“guidance”) and emergency revisions to wage protection rules related to the Healthy Families and Workplaces Act (“HWFA”). This article has been updated in light of these additional clarifications. These revisions take effect April 24, 2021. UPDATED – On February 23, 2021, the Department revised rules relating to employers’ paid sick leave in order to clarify obligations under the Healthy Families and Workplaces Act. This means that if the COVID-19 public health emergency declaration remains in effect until “the official termination or suspension of public health emergency” on January 16, 2022, the HFWA requirement for supplemental paid sick leave would not expire until February 13, 2022. ![]() Colorado’s HFWA requires employers to supplement paid sick leave in certain circumstances in the event that a “public health emergency” is declared “until four weeks after the official termination or suspension of the public health emergency. Secretary of Health and Human Services Xavier Becerra extended the nationwide COVID-19 public health emergency, effective Octoand will remain in effect until Januunless otherwise renewed. Therefore, Colorado employers are still required to provide PHE leave to eligible employees. On 4/16/22, the federal COVID-19 public health emergency was again extended 90-days until 7/15/22 (whereby it can be extended again). UPDATED 4/29/22: All employers in Colorado (no matter their size) must provide up to 80 hours of public health emergency (PHE) leave if there is a federal, state, or local declaration of emergency. ![]()
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