Tips to help CO employers keep tabs on paid sick leave during pandemic

While many employers have been primarily focused on the federal Families First Coronavirus Response Act (FFCRA) in assessing their COVID-19 related sick leave obligations during the pandemic, Colorado employers must additionally be aware of new, amended state paid sick leave rules that go beyond the FFCRA in important respects. Employers in the state employing more than 500 workers that aren’t required to provide paid sick leave under the FFCRA may still nonetheless have paid sick leave obligations under the Colorado Health Emergency Leave with Pay (HELP) rules.

Coverage under the FFCRA

Private companies employing fewer than 500 workers must provide paid sick leave in accordance with the FFCRA.

A small business with fewer than 50 employees may qualify for an exemption to avoid paying for certain types of leave (due to school closings and child care unavailability) if providing such leave would jeopardize its viability as a going concern. To qualify for this narrow exemption, the company must take steps to document its good-faith reason for why it is denying leave and ensure the reason satisfies certain requirements under FFCRA regulations.

Required paid sick leave to employees under the FFCRA

Eligible employees are entitled to receive paid sick leave under the FFCRA for enumerated reasons relating to COVID-19. Specifically, full-time employees may receive up to two weeks (80 hours) of paid sick leave if they are unable to work or telework for the following reasons: