PHE Extended for RSV, Flu, Respiratory Purposes
The Colorado Healthy Families and Workplaces Act (HFWA) requires Colorado employers to provide two types of paid sick leave: public health emergency (PHE) leave and accrued leave. Leave must be paid at the same rate the employee earns during time worked and cannot be counted against employees as absences that may lead to firing or other negative action.
Public Health Emergency (PHE) Leave
All Colorado employers must provide employees with public health emergency (PHE) leave—up to 80 hours (or less for part-time employees)—under the HFWA. As of November 11, 2022, PHE leave covers health needs related to COVID-19, flu, respiratory syncytial virus (RSV), and similar respiratory illnesses. This expansion does not provide additional hours but broadens the conditions for which the existing 80 hours may be used.
PHE leave remains available as long as a federal or state public health emergency is declared and will continue until four weeks after all applicable declarations end. Based on current declarations, PHE leave will extend at least into February 2023 and longer if renewed.
PHE-Related Needs Covered
- Symptoms of COVID-19, flu, RSV, or other similar respiratory illnesses
- Quarantining or isolating due to exposure
- Testing for COVID-19 or similar respiratory illnesses
- Vaccination and its side effects
- Inability to work due to health conditions that may increase susceptibility or risk of COVID-19, flu, RSV, or similar respiratory illnesses
- Needs to care for family (e.g., illness, school closure)
Employers cannot require documentation from employees to verify that leave is for PHE-related needs.