C.R.S. Section 8-13.3-405
Additional paid sick leave during a public health emergency

(1)

In addition to paid sick leave accrued under section 8-13.3-403, on the date a public health emergency is declared, each employer in the state shall supplement each employee’s accrued paid sick leave as necessary to ensure that an employee may take the following amounts of paid sick leave for the purposes specified in subsection (3) of this section:

(a)

For employees who normally work forty or more hours in a week, at least eighty hours;

(b)

For employees who normally work fewer than forty hours in a week, at least the greater of either the amount of time the employee is scheduled to work in a fourteen-day period or the amount of time the employee actually works on average in a fourteen-day period.

(2)

Intentionally left blank —Ed.

(a)

An employer may count an employee’s unused accrued paid sick leave under section 8-13.3-403 toward the supplemental paid sick leave required in subsection (1) of this section.

(b)

An employee may use paid sick leave under this section until four weeks after the official termination or suspension of the public health emergency.

(3)

An employer shall provide its employees the paid sick leave required in subsection (1) of this section for the following absences related to a public health emergency:

(a)

An employee’s need to:

(I)

Self-isolate and care for oneself because the employee is diagnosed with a communicable illness that is the cause of a public health emergency;

(II)

Self-isolate and care for oneself because the employee is experiencing symptoms of a communicable illness that is the cause of a public health emergency;

(III)

Seek or obtain medical diagnosis, care, or treatment if experiencing symptoms of a communicable illness that is the cause of a public health emergency;

(IV)

Seek preventive care concerning a communicable illness that is the cause of a public health emergency; or

(V)

Care for a family member who:

(A)

Is self-isolating after being diagnosed with a communicable illness that is the cause of a public health emergency;

(B)

Is self-isolating due to experiencing symptoms of a communicable illness that is the cause of a public health emergency;

(C)

Needs medical diagnosis, care, or treatment if experiencing symptoms of a communicable illness that is the cause of a public health emergency; or

(D)

Is seeking preventive care concerning a communicable illness that is the cause of a public health emergency;

(b)

With respect to a communicable illness that is the cause of a public health emergency:

(I)

A local, state, or federal public official or health authority having jurisdiction over the location in which the employee’s place of employment is located or the employee’s employer determines that the employee’s presence on the job or in the community would jeopardize the health of others because of the employee’s exposure to the communicable illness or because the employee is exhibiting symptoms of the communicable illness, regardless of whether the employee has been diagnosed with the communicable illness; or

(II)

Care of a family member after a local, state, or federal public official or health authority having jurisdiction over the location in which the family member’s place of employment is located or the family member’s employer determines that the family member’s presence on the job or in the community would jeopardize the health of others because of the family member’s exposure to the communicable illness or because the family member is exhibiting symptoms of the communicable illness, regardless of whether the family member has been diagnosed with the communicable illness;

(c)

Care of a child or other family member when the individual’s child care provider is unavailable due to a public health emergency, or if the child’s or family member’s school or place of care has been closed by a local, state, or federal public official or at the discretion of the school or place of care due to a public health emergency, including if a school or place of care is physically closed but providing instruction remotely;

(d)

An employee’s inability to work because the employee has a health condition that may increase susceptibility to or risk of a communicable illness that is the cause of the public health emergency.

(4)

Notwithstanding any other provision in this part 4:

(a)

An employee shall notify the employee’s employer of the need for paid sick leave under this section as soon as practicable when the need for paid sick leave is foreseeable and the employer’s place of business has not been closed;

(b)

Documentation is not required to take paid sick leave under this section; and

(c)

Employees are only eligible for paid sick leave in the amount described in subsection (1) of this section once during the entirety of a public health emergency even if such public health emergency is amended, extended, restated, or prolonged.

Source: Section 8-13.3-405 — Additional paid sick leave during a public health emergency, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-08.­pdf (accessed Oct. 20, 2023).

8‑13.3‑201
Short title 8‑13.3‑202
Definitions 8‑13.3‑203
Family and medical leave - state requirements 8‑13.3‑204
Enforcement 8‑13.3‑205
Repeal of part 8‑13.3‑301
Legislative declaration 8‑13.3‑302
Definitions 8‑13.3‑303
Department to perform analyses 8‑13.3‑304
Family and medical leave implementation task force 8‑13.3‑305
Paid family and medical leave program implementation authorization 8‑13.3‑401
Short title 8‑13.3‑402
Definitions 8‑13.3‑403
Paid sick leave - accrual - carry forward to subsequent year - comparable leave provided by employer - no payment for unused leave - rules 8‑13.3‑404
Use of paid sick leave - purposes - time increments 8‑13.3‑405
Additional paid sick leave during a public health emergency 8‑13.3‑406
Paid sick leave related to COVID-19 8‑13.3‑407
Employee rights protected - retaliation prohibited 8‑13.3‑408
Notice to employees - penalty - rules 8‑13.3‑409
Employer records 8‑13.3‑410
Authority of director - rules 8‑13.3‑411
Enforcement - judicial review of director’s actions 8‑13.3‑412
Confidentiality of employee information - definition 8‑13.3‑413
Employers encouraged to provide more generous paid sick leave 8‑13.3‑414
Other legal requirements applicable 8‑13.3‑415
Collective bargaining agreements 8‑13.3‑416
Employer policies 8‑13.3‑417
Severability 8‑13.3‑418
Employer authorized to take disciplinary action 8‑13.3‑501
Short title 8‑13.3‑502
Purposes and findings 8‑13.3‑503
Definitions 8‑13.3‑504
Eligibility 8‑13.3‑505
Duration 8‑13.3‑506
Amount of benefits - portability 8‑13.3‑507
Premiums 8‑13.3‑508
Division of family and medical leave insurance 8‑13.3‑509
Leave and employment protection 8‑13.3‑510
Coordination of benefits 8‑13.3‑511
Notice 8‑13.3‑512
Appeals 8‑13.3‑513
Erroneous payments and disqualification for benefits 8‑13.3‑514
Elective coverage 8‑13.3‑515
Reimbursement of advance payments 8‑13.3‑516
Family and medical leave insurance program 8‑13.3‑517
Income tax 8‑13.3‑518
Family and medical leave insurance fund - establishment and investment - repeal 8‑13.3‑519
Reports 8‑13.3‑520
Public education 8‑13.3‑521
Substitution of private plans 8‑13.3‑522
Local government employers’ ability to decline participation in program - rules 8‑13.3‑523
Severability 8‑13.3‑524
Effective date
Green check means up to date. Up to date

Current through Fall 2024

§ 8-13.3-405’s source at colorado​.gov