Despite the End of the Federal COVID-19 Public Health Emergency (“PHE”), Colorado PHE Leave Remains in Effect for at Least Four More Weeks
A.J. Peters, Of Counsel
On May 11, 2023, the federal declaration of a public health emergency for COVID-19 finally expires. For Colorado employers, this announcement signals an eventual, but not immediate, end to the state-mandated Public Health Emergency Leave (“PHEL”) under the Colorado Healthy Families and Workplaces Act (“HFWA”).
Federal COVID Public Health Emergency Ends
The secretary of the Department of Health and Human Services (HHS) originally declared a federal public health emergency for COVID-19 on January 31, 2020. Under the Public Health Service Act of 1944, the HHS has authority to declare that a disease outbreak or bioterror attack poses a public health crisis for a period of 90 days at a time. After that, the declaration must be extended, as it has been more than a dozen times since the start of the coronavirus pandemic.
The public health emergency determination allows the HHS, the Centers for Disease Control and Prevention and other government agencies to access additional funding and increase staffing “to prevent, prepare for, or respond to an infectious disease emergency.” Among other provisions, the order ensured federal funding for free COVID vaccines, testing, and treatment. As the declaration lapses, these costs shift back to individuals and their health insurance companies.
Colorado Public Health Emergency Leave Remains in Effect
As noted above, the federal public health emergency declaration ends on May 11, 2023, which would otherwise cause Colorado PHEL allowance to expire in four weeks, on June 8, 2023. However, as of publication, the Colorado Department of Labor and Employment (CDLE) continues to report an ongoing emergency declaration in Colorado. Updates can be found here: Paid Sick Leave under the Colorado Healthy Families and Workplaces Act (HFWA) | Department of Labor & Employment.
In Colorado, the declared public health emergency for COVID-19 has impacted employers when it comes to providing paid sick leave benefits to employees who request time off from work due to symptoms of coronavirus, testing, vaccination or is side-effects, isolation or quarantine, or taking care of family members.
The Colorado HFWA (C.R.S. § 8-13.3-401 et seq.),[1] enacted at the height of the pandemic in 2020, requires employers to supplement employees’ accrued paid sick leave with PHEL. In the event of a declared public health emergency (such as COVID-19), the law allows all full-time or part-time employees to take up to two weeks of paid sick leave, totaling up to 80 hours of paid leave.
The HFWA defines a “public health emergency” based on the declaration of the governor or “a federal, state, or local public health agency” (C.R.S. § 8-13.3-402(9)), and the PHEL allowance lasts “until four weeks after the official termination or suspension of the public health emergency.” (C.R.S. § 8-13.3-405(2)(b)). The takeaway for Colorado employers is that, although the COVID-19 pandemic is entering a new phase as a governmental public health concern, state law continues to impact paid sick leave policies in the near term.
As always, Campbell Litigation is available to assist employers with these and other leave-related questions and issues.