Colorado Adopts Emergency Paid Sick Leave

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Sherman & Howard L.L.C.

The Colorado Department of Labor and Employment adopted the Health Emergency Leave with Pay Rules, 7 CCR 1103-10, to limit the spread of the coronavirus (COVID-19). The emergency rules require employers in certain industries to provide up to four days of paid sick leave to any employee (a) with flu-like symptoms and (b) who is being tested for coronavirus.

The emergency rules apply to employers and employees in the following industries, regardless of pay rates or pay methods:

  • 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

Employers that already provide paid leave do not need to provide additional sick leave under the emergency rules, unless the covered employee has already exhausted any paid leave allotted by the employer. The paid sick leave ends if an employee receives a negative test result.

The emergency rules are effective March 11, 2020, and will last for 30 days or for the duration of the State of Disaster Emergency declared by Governor Polis on March 10, 2020, up to a maximum of 120 days.

The emergency rules can be found here, and more information about what employers need to know about coronavirus is here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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