The COVID Project
The record
- Jurisdiction
- Colorado
- Level
- State
- Authority
- Colo. Const. art. V; enacted as C.R.S. title 8, art. 13.3, part 4
- Issued
- 2020-07-14 July 14, 2020
- Effective
- 2020-07-14 (signed; safety clause). § 8-13.3-406(2): from the effective date through Dec. 31, 2020 every employer 'regardless of size' had to provide paid sick leave in the amount and for the purposes of the federal Emergency Paid Sick Leave Act to each employee not covered by it; § 8-13.3-405 public health emergency leave supplements accrued leave 'on the date a public health emergency is declared'; § 8-13.3-403 accrual duty from Jan. 1, 2021 (employers with sixteen or more employees) and Jan. 1, 2022 (all employers) (read as 2020-07-14)
- End
- standing (public health emergency leave available 'until four weeks after the official termination or suspension of the public health emergency') (read as 2021-09-30)
- In force
- Standing since July 14, 2020 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Workplace rulesQuarantine and isolationStanding duty
- Addressees
- employers (every employer in the State; the 2021 accrual duty first for employers with sixteen or more employees)
- Character
- workplace duty
- Collection
- Standing duties: Colorado DUT-CO
Operative words
on the date a public health emergency is declared, each employer in the state shall supplement each employee's accrued paid sick leave as necessary to ensure that an employee may take the following amounts of paid sick leave for the purposes specified in subsection (3) of this section: (a) For employees who normally work forty or more hours in a week, at least eighty hours.
Penalty
Division of Labor Standards and Statistics enforcement and private civil action under the Act's remedies and anti-retaliation provisions (§§ 8-13.3-407 to -411.
What it required
Required every Colorado employer to provide paid public-health-emergency leave (eighty hours for full-time employees) for self-isolation, symptoms, diagnosis, preventive care, care of a self-isolating family member, and exclusion from work on a determination by a public health authority or the employer that the employee's presence would jeopardize the health of others, in addition to the general paid sick leave duty phased in from January 1, 2021.
Retrieval noteQuotation is § 8-13.3-405(1) as enrolled (capitalization normalized; words unchanged). § 8-13.3-405(3) (verbatim): 'An employer shall provide its employees the paid sick leave required in subsection (1) of this section for the following absences related to a public health emergency: (a) An employee's need to: (I) Self-isolate and care for oneself because the employee is diagnosed with a communicable illness that is the cause of a public health emergency; (II) Self-isolate and care for oneself because the employee is experiencing symptoms...; (III) Seek or obtain medical diagnosis, care, or treatment...; (IV) Seek preventive care...; (V) Care for a family member who [is self-isolating, symptomatic, or needs diagnosis or preventive care]; (b) With respect to a communicable illness that is the cause of a public health emergency: (I) A local, state, or federal public official or health authority having jurisdiction over the location in which the employee's place of employment is located or the employee's employer determines that the employee's presence on the job or in the community would jeopardize the health of others because of the employee's exposure to the communicable illness or because the employee is exhibiting symptoms of the communicable illness, regardless of whether the employee has been diagnosed'. § 8-13.3-405(2)(b): leave usable 'until four weeks after the official termination or suspension of the public health emergency'. § 8-13.3-403(1)(a): 'All employees working in Colorado have the right to paid sick leave as specified in this part 4.' Safety clause, SECTION 5. § 8-13.3-406 (verbatim, capitalization normalized): '(1) Employers in the state shall comply with the federal "Emergency Paid Sick Leave Act" in the "Families First Coronavirus Response Act", Pub. L. 116-127. (2) On and after the effective date of this section through December 31, 2020, each employer in the state, regardless of size, shall provide paid sick leave in the amount and for the purposes provided in the federal "Emergency Paid Sick Leave Act" in the "Families First Coronavirus Response Act", Pub. L. 116-127, to each employee who is not covered under the "Emergency Paid Sick Leave Act".' D 2020 235 § G (Ex. CO-035) separately directed CDLE to amend the Colorado HELP rules (Ex. CO-096).