Colorado COVID-19 PHEL Ending June 8, 2023

The Colorado Healthy Families and Workplaces Act (HFWA) required Colorado employers to provide public health emergency leave (PHEL) due to COVID-19, but this requirement expires on June 8, 2023. It ends on that date because:

• Both the state and federal PHEs ended; and
• HFWA PHE leave continues until four weeks after all applicable PHE declarations end.

 

Specifically, on April 27, 2023, the Colorado COVID-19 Disaster Recovery Order expired and on May 11, 2023, the U.S. Department of Health and Human Services’ COVID-19 Public Health Emergency (PHE) expired. With both of these PHEs ending, Colorado employees with remaining COVID-related PHE leave may still take it but only through June 8, 2023, as HFWA PHE leave continues until four weeks after all applicable PHE declarations end.

 

The requirements that employers provide accurate, current HFWA posters (set to be updated by Colorado) and accrued paid sick leave for various sick- and safety-related reasons remain and do not expire with the end of the PHE.

 

Please know that while COVID-19 PHEL is expiring, it is possible that a future public health emergency may happen that will require employers to provide PHE leave in the future for Colorado. It is recommended that employers continue to monitor developments in Colorado to make certain that the  obligations under the Colorado HWFA are met.

Colorado National Guard Leave Expanded

Effective March 10, 2023, U.S. reservists and Colorado National Guard members may take leave for military training for the equivalent of three weeks of work on their regular work schedule each year. Previously, reservists and National Guard members could only take this leave for up to 15 days. They are also now entitled to use any of their paid or unpaid leave for:

• Their absence for military training; or
• To engage in active service in the Colorado National Guard.

 

Action Items

Ensure that your policies and procedures have been updated accordingly.