Colorado Emergency Paid Sick Leave BillMarch 12, 2020 Alert
Effective March 11, 2020, specific employers within Colorado must provide 4 days of paid sick leave for employees whom need testing for the Coronavirus.
At a Glance
- Effective March 11, 2020, specific employers within Colorado must provide four days of paid sick leave for their employees whom need to be tested for the Coronavirus.
- Currently, the paid sick leave days are available until April 11, 2020.
- The paid sick leave days do not cover loss of work or wage replacement should an employee test positive.
- Employees should be paid at their regular rate of pay.
On March 11, 2020, The Colorado Department of Labor and Employment announced emergency rules, which temporally provide employees in certain industries paid sick leave for symptoms related to the Coronavirus. The emergency rule has taken effect and will be in effect for 30 more days (the state may extend further).
The Colorado Health Emergency Leave with Pay Rules requires employers in specific industries to provide up to four days of paid sick leave to employees being tested for the Coronavirus. See list of impacted industries below.
- Leisure and Hospitality;
- Food services;
- Child care and education (including transportation, food service, and related work at educational establishments);
- Home Health, if working with elderly, disabled, ill, or otherwise high-risk individuals; and
- Nursing homes and community living facilities
The requirement of four paid sick days is not on top of already provided employer paid sick days and does not cover wage replacement should an employee test positive and require quarantine resulting in loss of work time and wages.
During the days covered by this emergency paid sick leave pay should be provided as follows;
- At an employee’s regular rate of pay including all forms of wages and compensation (but increased to the applicable minimum wage for an employee paid below the minimum wage due to a tip credit)
- For the employee’s regular hours worked
Note: When applicable, employees and employers should comply with the procedures of the federal Family Medical Leave Act (“FMLA”) to pursue and provide paid sick leave under these rules, except that no employer may terminate an employee for inability to provide documentation during an illness covered by these rules, and FMLA provisions do not narrow the rights and responsibilities provided by these rules.
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This information is provided as a courtesy, may change and is not intended as legal or tax guidance. Employers with questions or concerns outside the scope of a Payroll Service Provider are encouraged to seek the advice of a qualified CPA, Tax Attorney or Advisor.