Colorado Paid Sick Leave Changes in 2022-Health Families and Workplaces Act

Colorado Paid Sick Leave Changes in 2022-Health Families and Workplaces Act

Update from Samuel M. McCarty, Law Clerk

FOLKESTAD FAZEKAS BARRICK & PATOILE, P.C.

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During an abnormal 2020 Spring Session, the Colorado State Legislature enacted SB 20-205 which changes paid sick leave policies in Colorado starting in 2022. SB 20-205 addresses the accruement and use of paid sick leave and universally applies to all employers in the state of Colorado except those with fifteen or fewer employees. Beginning on January 1, 2022, S.B. 20-205 will apply to every employer in the state of Colorado, including those with fifteen employees or fewer. S.B. 20-205 prescribes the following:

Accruement of Paid Sick Leave

Employers in the state of Colorado with fifteen or more employees must provide paid sick leave in accordance with the following:

• Every employee is entitled to at least one hour of paid sick leave for every 30 hours worked.
• Employees cannot accrue more than 48 hours annually unless their employer would like to provide more than 48 hours.
  • The hours an employee accrues may be used in a subsequent year.

Use of Paid Sick Leave

Employees may use paid sick leave in the state of Colorado for the following purposes:

• A Mental or physical illness, injury, or health condition that prevents the employee from working;
• Medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition;
• Preventative medical care;
• To care for a family member who has a mental or physical illness, injury, or health condition;
• To care for a family member who needs a medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition;
• To care for a family member who needs a medical diagnosis, care, or treatment;
• To care for a family member who needs preventative medical care;
• A Mental or physical illness, injury, or health condition caused by domestic abuse, sexual assault, or harassment (also applicable where a family member is the victim);
• Services from a victim services organization if the employee was the victim of domestic abuse, sexual assault, or harassment;
• Mental health or other counseling if the employee was the victim of domestic abuse, sexual assault, or harassment;
• To relocate due to domestic abuse, sexual assault, or harassment (also applicable where a family member is the victim);
• Legal services, including preparation for or participation in a civil or criminal proceeding relating to or resulting from domestic abuse, sexual assault, or harassment;
• A Public official ordered closure of the employee’s place of business;” because of a public health emergency; or
• A Public official order closure of the school or place of care of the employee’s child because of a public health emergency if the employee needs to be absent from work to care for the child.

 Notice

Every employer in the state of Colorado with fifteen or more employees is required to:

• Provide written notice of this statue and
• Display a poster that includes the key provisions of this statute (supplied by DORA)

Compliance with SB 20-205

Every employer in the state of Colorado with fifteen or more employees is required to comply with SB 20-205. If an employer does not comply an employee may:

• File a complaint with the Division of Labor Standards and Statistics (“Division”) or
• File a civil suit.
  • Employees must file a complaint with the Division before filing a civil suit.

If the Division determines that an employer has not complied, the Division may issue a fine. The Division may also require:

• That an employee be reinstated (if terminated) or
• Compensation for lost pay (up to $7,500.00)

Employers are allowed to require reasonable documentation for paid sick leave of four or more consecutive workdays (also applicable to public health emergencies).

Public Health Emergencies

The following is immediately applicable to every employer in the state of Colorado, including those with fifteen or fewer employees, on account of the ongoing pandemic:

• On the day a public health emergency is declared, every employer in the state of Colorado is required to provide:
  • For employees who normally work 40 hours or more in a week:
    • At least 80 hours of paid sick leave.
  • For employees who normally work fewer than 40 hours in a week:
    • At least the greater of either the number of hours the employee is scheduled to work in a 14-day period; or
    • The amount of time the employee actually works on average in a 14-day period.
  • Employees are entitled to the additional hours until four weeks after the public health emergency has concluded but the additional hours do not renew annually.
  • Employers cannot have policies or contractual agreements that reduce the number of hours an employee is entitled to.
  • The hours an employee has precured but not used count toward the 80 hours an employee is entitled to during a public health emergency.

Employees may use paid sick leave in the state of Colorado during a public health emergency for the following purposes:

• To self-isolate and care for oneself due to a diagnosis of a communicable illness that is the cause of a public health emergency or when experiencing symptoms of a communicable illness that is the cause of a public health emergency;
• To seek or obtain a medical diagnosis, treatment, or preventative care for symptoms of a communicable illness that is the cause of a public health emergency;
• To care for a family member diagnosed with a communicable illness that is the cause of a public health emergency;
• To care for a family member who is self-isolating, seeking medical or preventative treatment, or experiencing symptoms due to a communicable illness that is the cause of a public health emergency;
• To care for oneself after a local, state, or federal public health official or a health authority having jurisdiction over the location in which the place of employment is located, or the employee’s employer determines that the employee’s presence on the jobsite or in the community would jeopardize the health of others due to exposure to the communicable illness or because the employee is exhibiting symptoms of the communicable illness;
• To care for a family member after a local, state, or federal public health official or a health authority having jurisdiction over the location in which the place of employment is located or the family member’s employer determines that the family member’s presence on the jobsite or in the community would jeopardize the health of others due to exposure to the communicable illness or because the family member is exhibiting symptoms of the communicable illness;
• To care for a child or family member when places of care or schools are unavailable due to a public health emergency, or if the child’s or family member’s school or place of care has been closed by a local, state, or federal public official or at the discretion of the school or place of care due to a public health emergency, including if a school or place of care is physically closed but providing instruction remotely;
• A Health condition that may increase susceptibility to or risk of a communicable illness that is the cause of the public health emergency.

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HFWA is an acronym for the “Health Families and Workplaces Act.” “Paid Sick Leave: 2021-2022” or “Paid Sick Leave: SB 20-205” or “Paid Sick Leave and the HFWA.”