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Colorado’s Public Health Emergency Sick Leave Requirement Is Extended Again

The U.S. Department of Health and Human Services (HHS) recently extended its determination that a public health emergency exists due to the COVID-19 pandemic. On April 12, 2022, U.S. Secretary of Health and Human Services Xavier Becerra announced the renewal of the public health emergency determination. This latest renewal took effect on April 16, 2022, and is effective until July 16, 2022, pending another renewal or a determination that the emergency has ended.

As a result, the Colorado Healthy Families and Workplaces Act (HFWA) requirement to supplement employees’ regular paid sick leave in certain circumstances related to a public health emergency will remain in effect until August 13, 2022, at the earliest. This supplemental sick leave continues “until four weeks after the official termination or suspension of the public health emergency.”

This latest renewal was expected, as HHS did not give any indication that it would be terminating the public health emergency declaration for COVID-19. Previously, HHS had advised state governors that it would provide the states with sixty days’ notice prior to ending the COVID-19 public health emergency.

The Colorado Department of Labor and Employment (CDLE) has also advised that its Division of Labor and Statistics plans to update its webpage immediately when the current public health emergency ends and the four-week period under the HFWA begins. Currently, the Division’s webpage regarding HFWA requirements confirms that employers’ obligation to provide public health emergency leave is “still in effect.”

© 2023, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume XII, Number 153
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About this Author

Harrison J. Meyers Associate Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Associate

Harrison J. Meyers focuses his practice on defending employers at all stages of litigation, including pleadings, discovery, dispositive motions, arbitration, and trial. Harrison has found success defending employers before state and federal courts. He has experience representing employers on a variety of claims, including claims under the Fair Labor Standards Act, Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Acts, as well as claims involving restrictive covenants. His experience has also given him keen insight as to when to...

303-764-6806
Abigail S. Wallach Associate Employment Law, Litigation
Associate

Abbey Wallach represents employers of all sizes on all matters impacting their employees under federal and state law, including compliance with Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Family and Medical Leave Act (FMLA), and the Fair Labor Standards Act (FLSA), as well as breach of restrictive covenant and trade secret litigation. Abbey conducts investigations; handles charges of discrimination, harassment and retaliation; and defends any ensuing litigation in state and federal court. In addition,...

1303-764-6800
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