Colorado Updates its Paid Sick Leave Law and Public Health Emergency Leave Continues

Colorado Updates its Paid Sick Leave Law and Public Health Emergency Leave Continues

Last month, Colorado’s Department of Labor and Employment published a revised Interpretive Notice & Formal Opinion #6B relating to paid leave requirements under the Healthy Families and Workplaces Act.

As a reminder, Colorado enacted the Healthy Families and Workplaces Act (HFWA) in 2020, which includes paid sick leave law and public health emergency leave. See prior Benefit Beat article here.

As of January 1, 2022, all employers in Colorado, regardless of size, are to provide up to 48 hours of paid sick leave per year and up to 80 hours of public health emergency leave when a public health emergency (PHE) is declared. Note: COVID-related PHE is ongoing.

Paid Sick Leave

Under the HFWA, an employee accrues one hour of paid leave for every 30 hours worked, up to 48 hours per year. Up to 48 hours of unused accrued paid sick leave can carry over to the next year and an employee can use up to 48 hours of leave in a year.

INFO #6B provides, by way of an example, that an employee that carries over the full 48 hours of unused accrued sick leave from one year to the next does not accrue any additional leave hours in the next year. The 48 hours of carried over sick leave satisfies the sick leave entitlement for that year.

Public Health Emergency Leave

As of January 1, 2021, employers were to provide up to 80 hours of COVID-related leave. This requirement remains in effect in 2022, however, COVID-related leave does not renew on the first of the year. An employees can continue to use any COVID-related leave provided on or January 1, 2021, until four weeks aft the PHE ends.

INFO #6B clarifies that if an employee has any unused accrued paid sick leave when the need for COVID-related leave occurs, the employer can count the unused accrued leave as a credit toward the amount of COVID-related leave the employer is required to provide. Employees are allowed to use COVID-related leave prior to using to accrued sick leave if the reason for leave qualifies for both kinds of leave.

An employer may request reasonable documentation for the use of paid sick leave if the employee is absent for four or more consecutive days. An employer may not request reasonable documentation for the use of PHE leave.


The information contained in this Benefit Beat is not intended to be legal, accounting, or other professional advice, nor are these comments directed to specific situations. This information is provided as general guidance and may be affected by changes in law or regulation. This information is not intended to replace or substitute for accounting or other professional advice. You must consult your own attorney or tax advisor for assistance in specific situations. This information is provided as-is, with no warranties of any kind. CBIZ shall not be liable for any damages whatsoever in connection with its use and assumes no obligation to inform the reader of any changes in laws or other factors that could affect the information contained herein.

Colorado Updates its Paid Sick Leave Law and Public Health Emergency Leave Continues https://www.cbiz.com/Portals/0/Images/Emergency Leave header.jpg?ver=Lr4Z9fvZOoC18PdwS_KWKQ%3d%3dLast month, Colorado’s Department of Labor and Employment published a revised Interpretive Notice & Formal Opinion #6B relating to paid leave requirements under the Healthy Families and Workplaces Act.2022-08-03T19:00:00-05:00Last month, Colorado’s Department of Labor and Employmentpublished a revised InterpretiveNotice & Formal Opinion #6B relating to paid leave requirementsunder the Healthy Families and Workplaces Act.NoneEmployee Benefits ComplianceNo