On March 11, 2010, the Colorado Department of Labor and Employment issued the Colorado Health Emergency Leave with Pay Rules (“Colorado HELP” 7 CCR 1103-10) which go into effect immediately. The rules will remain in effect for the longer of 30 days or for the duration of the Colorado Governor’s State of Disaster Emergency up to a maximum of 120 days. Any employer engaged in the fields of leisure and hospitality, food services, child care, education at all levels (including related services such as cafeteria and transportation workers), home health care working with the elderly, disabled, ill, or other high-risk individuals, operation of a nursing home, and operation of community living facilities are mandated to provide up to four days of paid sick leave for any employee with flu-like symptoms or who is being tested for COVID-19. Pay must be provided at the employee’s regular rate of pay and hours worked. The employer may end the period of paid sick leave if the employee receives a negative test result. The rules do not mandate the employer to provide paid sick leave in the event the employee has a positive COVID-19 test result and requires quarantine or treatment resulting in lost work time or wages.

Constangy attorneys are currently reviewing details regarding the implementation of these rules, including whether they are vulnerable to legal challenge, and will provide any further updates in a subsequent bulletin.