Nearly two years after declaring a public health emergency exists due to the COVID-19 pandemic, the U.S. Department of Health and Human Services (“HHS”) has extended that determination yet again. On January 14, 2022, U.S. Secretary of Health and Human Services Xavier Becerra announced the eighth consecutive renewal of the nationwide COVID-19 public health emergency. HHS first issued a public health emergency declaration for COVID-19 on January 31, 2020. HHS has renewed the declaration eight times at approximate three month intervals since then (on April 21, 2020, July 23, 2020, October 2, 2020, January 7, 2021, April 15, 2021, July 19, 2021, October 15, 2021, and most recently on January 14, 2022). This latest renewal took effect on January 16, 2022 and is effective until April 16, 2022, unless the secretary renews the declaration again or determines COVID-19 is no longer a public health emergency.
HHS Public health emergency declarations trigger certain employer requirements under the Colorado Healthy Families and Workplaces Act (“HFWA”). The HFWA requires employers to supplement employees’ regular paid sick leave in certain circumstances related to a public health emergency. This obligation commences when a “public health emergency” is declared and continues “until four weeks after the official termination or suspension of the public health emergency.”
The HFWA defines a “public health emergency” as one “[] declared by a federal, state, or local public health agency,”...
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