Colorado Department of Labor and Employment Adopts Limited Emergency Leave with Pay in Light of Coronavirus Concerns
On March 11, 2020, the Colorado Department of Labor and Employment adopted the Colorado Health Emergency Leave with Pay ("Colorado HELP") rules,FN1 which temporarily require employers in certain industries to provide a small amount of paid sick leave to employees with flu-like symptoms while awaiting coronavirus (COVID-19) testing. These emergency rules, effective March 11, were adopted following Governor Polis’ announcement on March 10 declaring a state of emergency in response to the increased COVID-19 cases in Colorado.
Employers must provide up to four days of paid sick leave to employees with flu-like symptoms who are being tested for COVID-19. If the employee receives a negative test result, the paid leave ends. Employees and employers in the following industries or jobs are covered by Colorado HELP:
Leisure and Hospitality
Food Services
Child care
Education, including transportation, food service, and related work at educational establishments
Home health, if working with elderly, disabled, ill, or otherwise high-risk individuals
Nursing homes
Community living facilities
These employees are covered regardless of pay rate or method (hourly, weekly, piece rate, etc.). The daily pay during leave is either employees’ established daily rate or, if the their pay fluctuates, their average daily pay for the past month.FN2
These rules will remain in effect for the longer of (a) 30 days after adoption, or (b) the duration of the State of Disaster Emergency declared by the Governor, up to a maximum of 120 days after adoption of these temporary rules.
Takeaway
Employers who already provide the paid leave necessary to meet Colorado HELP’s requirements do not need to provide additional leave. However, employers who do not already provide enough paid sick leave to comply with these rules must provide additional paid sick leave. Please contact Campbell Litigation, P.C. for assistance in navigating COVID-19’s continually evolving impact on employers.
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