The state of Colorado is still under the declaration of a Public Emergency.
- In July 2021, Governor Polis did not extend Colorado’s Public Emergency
- In July 2021, the federal Department of Health and Human Services extended the public emergency through October 2021
- Employers must provide PHEL for thirty (30) days after the expiration of the public emergency. So, right now, that makes PHEL CVOID-19 leave available through November 2021.
The Colorado Healthy Families and Workplace Act (HFWA) establishes Public Health Emergency Leave (PHEL), that is triggered during a public health emergency as follows:
- Employees who are scheduled to work 40 hours or more per week are entitled to at least 80 hours of PHEL.
- Employees who are scheduled to work fewer than 40 hours in a week are entitled to the prorated amount of PHEL recognizing that a 40 hour per week earns 80 hours of PHEL. For example, an employee who is scheduled to work 30 hours per week is entitled to 60 hours of PHEL. An employee who is scheduled to work 20 hours per week is entitled to 40 hours of PHEL.
When can an employee use PHEL for COVID-19?
In a public health emergency (as defined by the HFWA), employees can use PHEL for the following needs:
- self-isolating or work exclusion due to exposure, symptoms, or diagnosis of the communicable illness in the public health emergency (COVID-19);
- seeking a diagnosis, treatment, or care (including preventive care) of such an illness (COVID-19);
- being unable to work due to a health condition that may increase susceptibility to or risk of such an illness (COVID-19); or
- caring for a child or other family in category (1)-(3), or whose school or childcare is unavailable due to the public health emergency (COVID-19).
If a 1.0 FTE employee utilized 80 hours of PHE COVID-19 leave in April 2021 when they were employed with Durango School District 9-R, do they have more PHE COVID-19 leave available?
- This is a continuation of the previous allocation of PHE COVID-19 leave that started when Governor Polis declared the public health emergency in January 2021.
If a 1.0 FTE employee utilized 40 hours of PHE COVID-19 leave in April 2021 when they were employed with Durango School District 9-R, do they still have PHE COVID-19 leave available?
YES. This employee would still have up to 40 hours of PHE COVID-19 leave available.
If a 1.0 FTE employee has just started employment with Durango School District 9-R as of August 17, 2021, how much PHE COVID-19 leave do they have available?
This new employee would have up to 80 hours of PHE COVID-19 leave available.