Does your company need to provide paid sick leave for employees in relation to COVID-19—either due to a positive test result, caring for a family member with COVID-19, or receiving a COVID-9 vaccine? The short answer is yes, though the provisions behind these obligations have changed in 2021.

The Families First Coronavirus Response Act (FFCRA) was extended with regards to sick leave and family related to COVID-19, but that expired March 31, 2021. Employers with fewer than 500 employees may opt into the program through September 30, 2021, but it is no longer required. Opting into the program may make employers for tax credits related to such leave.

But in Colorado, the Healthy Family and Workplace Act (SB20-205, “Sick leave for employees”) establishes new laws regarding sick leave for employees. The new law requires that employers with 16 or more employees must “provide paid sick leave to their employees, accrued at one hour of paid sick leave for every 30 hours worked, up to a maximum of 48 hours per year.” Beginning January 1, 2022 the law is effective for all employers.

The law states that sick leave can be requested when:

• The employee has a mental or physical illness, injury, or health condition; needs a medical diagnosis, care, or treatment related to such illness, injury, or condition; or needs to obtain preventive medical care;
• The employee needs to care for a family member who has a mental or physical illness, injury, or health condition; needs a medical diagnosis, care, or treatment related to such illness, injury, or condition; or needs to obtain preventive medical care;
• The employee or family member has been the victim of domestic abuse, sexual assault, or harassment and needs to be absent from work for purposes related to such crime; or
• A public official has ordered the closure of the school or place of care of the employee's child or of the employee's place of business due to a public health emergency, necessitating the employee's absence from work.

Read the full bill. 

Read Colorado guidance issued for this law.

Read Colorado guidance issued to explain how this law differs from federal law and previous Colorado laws.

This article does not constitute legal advice or an interpretation of current law and should not be taken as such. To be sure that your business is in compliance with current employment laws, it is always recommended that you consult with a lawyer specializing in employment and related issues.

Read more in this issue of Colorado Green Now:
2021 Colorado legislative session summary for the green industry
ProGreen EXPO 2022 invites speaker suggestions and proposals
Tax credits still available for sick leave under FFCRA
Northern Water opens new grant cycle for water-wise landscapes