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Wednesday, October 7, 2026

Colorado Employers Brace for Confirmation that Public Health Emergency Leave Applies to Monkeypox - Fisher Phillips

Given the recent federal declaration of a public health emergency to stop the monkeypox outbreak, Colorado employers are bracing for, what, if anything, more they should be doing to address the latest threat. In addition to our colleagues’ guidance, Colorado employers also should be prepared to provide Public Health Emergency (PHE) leave to employees for monkeypox. Colorado has confirmed at least 80 cases since May, with 66 of those reported in July alone. With increasing numbers across the U.S., Colorado PHE leave for monkeypox may be imminent – what should you do to prepare?

Background on Colorado PHE Leave

All employers in Colorado have been obligated to provide PHE leave since January 1, 2021 for COVID-19 related absences. The law was enacted to address the COVID-19 pandemic and contains broad language applicable to any public health emergency declared by federal, state, or local public health agency.

Even prior to the recent federal monkeypox public health emergency declaration, the Colorado Department of Labor and Employment’s (CDLE’s) website reminded employers that accrued paid sick leave would be available for monkeypox. It also states, “If a federal, state, or local emergency is declared that requires a new two week PHE leave supplement for Monkeypox-related reasons, this webpage will be updated as soon as possible.” We anticipate CDLE updating its website shortly to confirm whether PHE is available for employees with monkeypox.

Use of PHE Leave

As background,...



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