2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR CONDITIONS (§§ 8-11-100.1 — 8-14.4-109) › Article 13.3 - FAMILY AND MEDICAL LEAVE (§§ 8-13.3-101 — 8-13.3-524) › Part 4 - HEALTHY FAMILIES AND WORKPLACES (§§ 8-13.3-401 — 8-13.3-418) › 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)
(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.
Added by 2020 Ch. 294, § 1, eff. 7/14/2020.
L. 2020: Entire part added, (SB 20-205), ch. 1449, p. 1449, § 1, effective July 14.