Colorado Expands Paid Sick Leave to Cover Bereavement and Inclement Weather
Colorado’s Healthy Families and Workplaces Act (HFWA) will undergo amendments that broaden the permitted uses of paid sick leave to include bereavement and inclement weather, according to the third installment of our Colorado Legislation Client Alert Series.
Previously, Colorado’s HFWA allowed employees to utilize up to 48 hours of paid sick leave per year for specific reasons. However, effective August 7, 2023, Colorado employees will be granted the ability to utilize paid sick leave for additional purposes, including bereavement and inclement weather.
Under the amended HFWA, qualifying family members include immediate family members related by blood, adoption, marriage, or civil union. It also includes children to whom the employee stands in loco parentis or a person who stood in loco parentis to the employee during their minor years. Furthermore, it encompasses individuals for whom the employee is responsible for providing or arranging health- or safety-related care.
Additionally, Colorado’s HFWA stipulates that during a public health emergency (PHE), employees are entitled to extra paid sick leave. This leave extends for up to four weeks following the expiration of the PHE for reasons associated with the emergency. However, with the conclusion of the federal and state public health emergencies related to the COVID-19 pandemic, supplemental PHE leave terminated on June 8, 2023. Nonetheless, leave for COVID-19 related illnesses remains accessible under the regular provisions of the HFWA. Furthermore, in the event of any future declaration of a public health emergency, the supplementary paid sick leave requirement will be reinstated.
To comply with the HFWA, Colorado employers must inform their employees about their rights. As a result, employers need to update their employee handbooks to incorporate the three new permitted uses for paid sick leave. They must also display the updated poster issued by the Colorado Department of Labor and Employment (CDLE) before August 7, 2023.
In the first part of our client alert series, we provided an overview of the recent legislative developments affecting employers in Colorado. The second part discussed the expanded workplace protections and compliance requirements introduced by the POWR Act.
Our final installment of this Colorado Legislation Client Alert Series, Part IV, will delve into the amendments to Colorado’s Equal Pay for Equal Work Act and the new Job Application Fairness Act. These amendments will impose new obligations on employers starting in January and July of 2024, respectively.
In conclusion, Colorado is expanding the scope of its paid sick leave under the HFWA to encompass bereavement and inclement weather. These amendments aim to enhance employee welfare and provide greater flexibility regarding the permitted use of sick leave. Colorado employers must familiarize themselves with these changes and ensure compliance with the HFWA’s requirements. Stay tuned for the next part of our client alert series for further updates on legislation affecting Colorado employers.
