CDLE Expands the Colorado HELP Rules Again

The Colorado Department of Labor and Employment (CDLE) amended the Colorado Health Emergency Leave with Pay (HELP) Rules again this month. (For basic information about the HELP Rules, and earlier amendments, see my posts dated March 13 and March 30.)

The amended HELP Rules now cover any employer engaged in, or employing workers in, the following businesses or activities:

Leisure and hospitality;

Food services;

Retail establishments;

Real estate sales and leasing;

Offices and office work;

Elective health services (including medical, dental, or other health services);

Personal care services (defined as hair, beauty, spas, massage, tattoos, pet care, or

substantially similar services);

Food and beverage manufacturing;

Child care;

Education at all levels and related services, including but not limited to cafeterias and

transportation to, from, and on campuses;

Home health care (working with elderly, disabled, ill, or otherwise high-risk individuals);

Nursing homes;

Community living facilities.

Previously, the HELP Rules covered “retail establishments that sell groceries.” The rules now cover retail establishments generally. The FAQs published by the CDLE explain that “retail establishments that sell groceries” is a subset of “retail establishments.” The FAQs provide examples of other types of retail establishments, as well as explanations and examples of other covered categories.

The description of qualifying employees has also been expanded. Under the amended HELP Rules, paid sick leave must be available for an employee (a) with flu-like or respiratory illness symptoms and (b) who is either being tested for COVID-19 or is under instructions from a health care provider or authorized government official to quarantine or isolate due to a risk of having COVID-19.

The requirement that employers provide up to four days of paid sick leave has been increased to two weeks (up to a maximum of 80 hours), but at two-thirds the employee’s regular rate of pay, instead of their full rate of pay. Any leave taken by an employee under the original rules will count toward the two weeks now required by the amended rules.

The amendments also add several conditions to be met before ending the paid sick leave. Paid sick leave taken under the HELP Rules ends “if an employee receives a negative COVID-19 test result once the employee has been fever-free for 72 hours, with other symptoms resolving as well – but not earlier than after seven calendar days off from work (or ten calendar days for health care workers covered by these rules), and in no event with more that fourteen paid sick days.”

The amendments include additional rules regarding documentation employers can require. The rules identify types of documentation employers can request from health care providers and the provider of a COVID-19 test. However, the employer’s right to any authoritative documentation seems to be completely negated by a provision stating that the employee can submit the requested information in the form of the employee’s own written statement, which does not have to be notarized, instead of documentation directly from a health care provider.

If an employer is subject to federal or local laws that overlap or conflict with the HELP Rules, “the law providing the greater protection or setting the higher standard shall apply.”

The amended HELP Rules will remain in effect for the longer of 30 days after adoption or the duration of the State of Disaster Emergency declared by the governor, up to a maximum of 120 days after adoption of the rules.

For the complete HELP Rules and helpful FAQs, go to the CDLE’s website here.