Emergency Paid Leave
May 1, 2020
With the new Safer at Home phase for Colorado businesses and individuals comes a new emergency paid leave requirement with expanded coverage for newly identified industries. Do you fall in one of these categories? If so, here is a summary of what you need to know.
On March 26 and April 3, 2020, the state’s temporary Health Emergency Leave with Pay (HELP) rules were amended as follows:
- March 26: Added coverage for retail establishments that sell groceries and those under instructions from a healthcare provider to quarantine or isolate due to a risk of having COVID-19 even if not being tested; and
- April 3: Added coverage for food and beverage manufacturing.
Employees that were not previously covered under these rules and who missed scheduled work are not eligible to be paid for the hours they missed prior to coverage.
As of April 27, 2020
The Colorado Department of Labor and Employment (CDLE) issued an expansion of the existing rules adopted on March 11, 2020 by issuing the Colorado Emergency Paid Leave. This expands the already existing Colorado HELP requirements.
Summary of the expanded benefits that identified industries must offer their employees:
- Employers must pay up to two (2) weeks (80 hours) to employees at 2/3 their rate of pay.
- The regular rate is defined in the Colorado Overtime & Minimum Pay Standards Order effective March 16 2020.
Summary of employees eligible for the expanded benefits:
- Any employee experiencing flu-like or other respiratory illness symptoms.
- Any employee instructed to quarantine or to isolate by a health care provider or an authorized government official.
Summary of the expanded industries that must provide the expanded paid leave:
In addition to the existing identified industries, the following are now required to comply:
- Retail establishments (not just those selling groceries)
- Real estate sales and leasing, offices and office work
- Elective health services
- Personal care services (beauty, spas, and similar services)
For more information, please click on the links below:
- Colorado HELP
- Colorado HELP Updates and FAQs
- Colorado HELP Amendment Summary (April 27, 2020)
- Colorado HELP Amendment Full Order (April 27, 2020)
- Colorado Overtime & Minimum Pay Standards Order (COMPS)
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