Global Compliance Desk – Colorado

Colorado: Amendment to Healthy Families & Workplaces Act 

On June 2, 2023, a significant development occurred for Colorado employees as Governor Jared Polis signed Senate Bill 23-017 (The Act)  into law. This new legislation is set to take effect from August 7, 2023, and brings substantial changes to Colorado’s Healthy Families & Workplaces Act (HFWA).      

The objective of this amendment is to expand the circumstances under which an employee can use their paid sick leave. In addition to the health and safety-related reasons already covered,  the new act will enable employees to take paid leave for qualifying bereavement and natural disaster-related situations.     

Colorado Paid Sick Leave under HFWA

In accordance with the current HFWA legislation, employers of all sizes are required to provide paid sick leave to their employees, accrued at 1 hour of paid sick leave for every 30 hours worked, up to a maximum of 48 hours per year.     

When an employee starts their employment, they immediately begin accruing paid sick leave, which can be used as it is earned. Additionally, employees have the option to carry forward a maximum of 48 hours of unused paid sick leave to the next year. An employer is not required to allow the employee to use more than 48 hours of paid sick leave in a year. Employees receive their regular pay during the paid leave. 

Reasons for Leave:  Currently, Colorado employers are required to provide paid sick leave for the following reasons  – 

• • • a mental or physical illness, injury, or health condition that prevents work;    

• • • obtaining preventive medical care (including a vaccination), or a medical diagnosis, care, or treatment, of any mental or physical illness, injury, or health condition;

• • • obtaining medical attention, mental health care or other counseling, legal or other victim services, or relocation required as a result of being a victim of domestic abuse, sexual assault, or criminal harassment;

• • • care for a family member who has a mental or physical illness, injury, or health condition, or who needs the sort of care listed above; or

• • • closure by a public official of the employee’s place of business or the employee’s child’s school or place of care due to a public health emergency (as defined by the law), requiring the employee to care for the child. 

Amendment to Paid Leave under Healthy Families & Workplaces Act

The amendment to the HFWA introduces additional reasons for which employees can use their accrued paid leave – 

• • • to grieve, attend funeral services or a memorial, or deal with financial and legal matters that arise after the death of a family member;
    • to care for a family member whose school or place of care has been closed due to bad weather, loss of power, loss of heating, loss of water, or other unexpected events; or 
    • to evacuate the employee’s place of residence due to bad weather, loss of power, loss of heating, loss of water, or other unexpected events.

The amendment to the HFWA does not change the duration of leave required to be provided to Colorado employees. 

Employer’s Takeaway – Employers must inform their employees of the changes and proactively start reviewing their current policies, identifying areas that will require updates, and revisions in accordance with the upcoming amendment.