On July 14, 2020, Governor Jared Polis signed SB20-205, or the Colorado Healthy Families and Workplaces Act (HFWA), into law. The HFWA requires all Colorado employers to provide three types of paid sick leave: 1) COVID-19 emergency paid sick leave (CO-EPSL); 2) paid sick and safe time (PSST); and 3) public health emergency paid sick leave (PHEL). The requirement goes into effect for covered employers with 16 or more employees on January 1, 2021, and for all other covered employers (regardless of how many employees they employ) on January 1, 2022. The provisions of the HFWA take effect immediately.
The HFWA requires that nearly all employees working for public and private employers in Colorado begin accruing at least 1 hour of paid sick leave for every 30 hours worked, up to 48 hours total, with the balance carrying over from year to year, subject to the limit.
The HFWA permits the use of paid sick leave hours, as soon as they accrue, for numerous reasons, including:
• The employee’s own illness or need to care for family members;
• Leave associated with certain domestic abuse or sexual assault issues; or
• Ordered closures of the individual’s place of business or a school or childcare facility (if the employee needs to care for a child).
The HFWA applies to hourly, salaried, exempt, nonexempt, and other employees; mandates only limited notice and documentation requirements for sick leave requests; prohibits retaliation against employees requesting the leave (including any reduction in pay or discipline); requires posted notices; imposes recordkeeping requirements (including specific confidentiality restrictions); and provides only limited carve-outs when ...