As of January 1, 2022, all Colorado employers – regardless of size – are subject to traditional paid sick leave requirements thanks to the Healthy Families and Workplaces Act. Additionally, public health emergency leave is still in effect for all Colorado employers given that the pandemic is still with us in the new year. What do Colorado employers need to know about your new and continuing paid sick leave obligations?

Health Families and Workplaces Act

Beginning January 1, 2022, the Act requires all employers to provide paid sick leave to their employees, accrued at one hour of paid sick leave for every 30 hours worked, up to a maximum of 48 hours. Employers with more than 16 employees have been providing this leave since January 1, 2021.

Employee Rights and Employer Obligations Under the Act

An employee:

• Begins accruing paid sick leave when the employee's employment begins;
• May use paid sick leave as it is accrued; and
• May carry forward and use in subsequent calendar years paid sick leave that is not used in the year in which it is accrued.

If you already have a more generous PTO, vacation, or sick leave policy (meaning providing at least 48 hours of sick leave), you do not need to provide additional leave. But the accrual must be as generous as that required in the Act and be available immediately and for part-time employees. Additionally, the PTO policy must provide notice to an employee that additional leave will not be provided as the PTO policy meets the...

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