Supplemental PSL Requirement Will Probably Continue into October

May 20, 2022

The Healthy Families and Workplaces Act (“HFWA”) requires Colorado employers to provide “supplemental” paid sick leave to employees during a public health emergency (as defined in the HFWA). The requirement is triggered when a public health emergency (“PHE”) is declared by a state, federal, or local public health agency, or a disaster emergency is declared by the governor. Employees can use supplemental paid sick leave for up to four months after the PHE ends. (For an overview of the HFWA, see my article below, dated July 23, 2020, “New Law Requires Colorado Employers to Provide Three Types of Paid Sick Leave.”)

On January 31, 2020, as a result of confirmed cases of COVID-19 in the United States, the Secretary of Health and Human Services declared that a nationwide public health emergency exists. In March 2020 Governor Polis declared a state of disaster emergency due to COVID-19.

The governor’s declaration was renewed several times, but he allowed it to expire last July. However, the federal PHE declaration is still in effect. Each renewal extends the PHE for 90 days. It was renewed again effective April 16, 2022, which extends the PHE to July 15, 2022. In other words, the HFWA’s requirement to supplement your employees' paid sick leave is still in effect.

The current renewal will expire on July 15, 2022. However, it appears the declaration will be renewed again prior to its expiration. The Biden administration said it would give the states 60 days’ notice if it were going to let the federal PHE declaration expire. That notice – if it were coming – would have been due on May 16. But notice was not given and, therefore, it seems the administration intends to renew the federal PHE again, which will extend the PHE to October 13, 2022.