CDLE, again, reminds Colorado employers that 80-hour pandemic leave remains in effect

On September 30, 2021, the federal tax credit that allowed employers to pass through the costs of pandemic/80-hour leave.  Also on September 30, 2021, the CDLE reminded, again, Colorado employers in an email that Colorado state law continues to mandate that the 80-hour/pandemic leave (“PHEW” leave) be provided at least until November 15, 2021 while the federal emergency declaration remains in effect (plus the 4-week tail required by Colorado state law); in other words, Colorado state law continues to require that the leave be provided, even though the federal tax credit is no longer available.  Here is the CDLE’s email:

Coloradans Are Still Entitled To Employer Provided Covid-Related Paid Sick Leave While Federal Public Health Emergency Remains In Effect

Under the Healthy Families and Workplaces Act (HFWA), Coloradans can take up to 80 hours of paid leave in 2021 for any COVID-related needs. This includes not only having COVID-19, but also going to get a COVID-19 test or vaccine, recovering from any vaccine side effects, following a mandatory quarantine, or caring for a family member with any of those needs.

Colorado’s 80-hour COVID-related leave continues as long as a COVID-related emergency remains “declared by a federal, state, or local public health agency” (C.R.S. 8-13.3-402(9)), and the federal COVID-19 emergency is ongoing. The latest declaration extends through October 18, 2021.

HFWA continues the right to COVID-related leave “until four weeks after” all applicable public health emergencies end or are suspended. That means the earliest possible end date of Coloradans’ HFWA right to 80-hour COVID-related leave is November 15, 2021. However, the Biden administration has publicly stated that the federal emergency declaration will likely extend through year’s end.

For more information on paid sick leave, please see the CDLE Division of Labor Standards and Statistics’ fact sheets, INFOs #6B and 6C. You may also call the Division of Labor Standards and Statistics at 303-318-8441.