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Under Colorado’s Healthy Families and Workplaces Act (HFWA), most Colorado employers are required to offer paid sick and safe leave to Colorado employees. Covered employers will also have to provide additional leave during public health emergencies under the HFWA.
Sick and Safe Leave
Eligible employees are entitled to up to 48 hours of paid sick and safe leave annually, either by accrual method or front-loading. If employers opt to use the accrual method, sick and safe leave must accrue at a rate of at least one hour per every 30 hours worked. Employees are able to use sick and safe leave as it accrues.
Sick and safe leave must be paid at an employee’s regular rate of pay, and can be used when an employee is unable to work for the following reasons:
- an employee’s own mental or physical illness, injury, or health condition
- the employee is obtaining preventive medical care, or a medical diagnosis, care, or treatment, of any mental or physical illness, injury, or health condition
- the employee is a victim of domestic abuse, sexual assault, or criminal harassment who needs leave for medical attention, mental health care or other counseling, victim services (including legal), or relocation
- the employee is caring for a family member’s mental or physical illness, injury, or health condition, aiding their family member in obtaining medical care or treatment, or receiving the aforementioned care or services related to being a victim of domestic abuse, sexual assault, or criminal harassment
- during public health emergencies, if a public official closes the employee’s place of work, or if the employee must provide childcare due to emergency closures of schools and daycare facilities
- bereavement, or financial/legal needs after a death of a family member
- due to inclement weather, power/heat/water loss, or other unexpected event, if the employee must 1) evacuate their residence, or 2) care for a family member whose school or place of care was closed
Employers may request reasonable supporting documentation for sick and safe leave after an employee has been out of the office for four consecutive scheduled work days.
Additionally, employers must provide a written notice of rights under the act and must display a poster with details regarding the HWFA.
Setting up a compliant policy
Employers must set up a compliant policy that indicates the reasons for an employee to use sick and safe leave under state and local laws. Best practices are addressed in this Justworks Help Center article here.
Existing leave policies should be reviewed to ensure employees are granted the required amount of time off each year and that other minimum standards are met. Employers may choose to combine sick leave with an existing PTO policy, but the existing policy should meet the minimum requirements of the sick leave law and any remaining time may have to be paid to the employee upon separation.
Unlimited or flexible PTO policies should be reviewed to ensure that they also meet the minimum requirements of the law, such as notice and documentation requirements.
You can review how to build out your sick leave and other PTO policies in Justworks here.
Resources
Colorado Department of Labor and Employment: Paid Sick Leave under the Colorado Healthy Families and Workplaces Act (HFWA)
Disclaimer
This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, legal or tax advice. If you have any legal or tax questions regarding this content or related issues, then you should consult with your professional legal or tax advisor.