Bill expands FFCRA paid sick leave protections to nearly all CO employees through 2020

Q         We are a large Colorado employer with more than 500 employees, and some of them have requested paid sick leave under the federal Families First Coronavirus Response Act (FFCRA) for various COVID-19-related reasons. Do we have to provide such leave?

A   Unfortunately, yes. Although the FFCRA generally applies only to employers with fewer than 500 employees (and contains certain exemptions for employers with fewer than 50 employees), the recently passed Healthy Family and Workplaces Act in Colorado mandates that virtually all Colorado employers—regardless of size—must provide the same protections afforded under FFCRA through December 31, 2020.

As of late June, the bill hadn’t yet been signed into law, but it passed with bipartisan support and is expected to be signed by Governor Jared Polis. Once signed, it will effectively expand FFCRA protections to nearly all Colorado employees through the end of 2020.

Brad Williams is of counsel in Holland & Hart, LLP’s labor and employment practice group. Brad practices out of Holland & Hart’s Denver, Colorado, office and may be reached at bjwilliams@hollandhart.com.