CDLE Issues COVID-19 Paid Sick Leave Rules

On March 11, 2020, the Colorado Department of Labor and Employment (CDLE) issued the Colorado Health Emergency Leave with Pay (“Colorado HELP”) Rules. Under the new rules, employers in certain businesses must provide paid sick leave to employees with flu-like symptoms who are being tested for COVID-19.

The Colorado HELP Rules cover employers engaged in the following industries or workplaces:

Leisure and hospitality;

Food 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 and community living facilities.

The rules require that covered employers provide up to four paid sick days for an employee who (a) has flu-like symptoms and (b) is being tested for COVID-19. The paid sick leave ends if the employee receives a negative COVID-19 test result.

An employer is not required to offer additional paid sick days if it already offers employees enough paid sick days to comply with the HELP Rules. However, if an employee has flu-like symptoms and is being tested for COVID-19, but has already used all the paid sick leave available under the company's policy, the employee is entitled to the paid sick leave provided by the HELP Rules.

Employees who take sick leave under the HELP Rules must be paid at their regular rate of pay for the number of hours they regularly work. The regular rate of pay includes all forms of wages and compensation.

The HELP Rules state that, to the extent practicable, employees and employers should comply with the procedures of the Family and Medical Leave Act (FMLA) when requesting and providing leave. Provided, however, that an employer cannot terminate an employee for the inability to provide documentation during an illness covered by the HELP Rules. Furthermore, FMLA procedures and provisions do not narrow the rights and responsibilities provided by the HELP Rules.

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

Additional information, including the complete HELP rules, can be found here.