Colorado Issues COVID-19 Emergency Paid-Sick Leave Rule

Some Colorado employers are to provide up to four paid sick-leave days to employees with flu-like symptoms and who are tested for COVID-19, under temporary emergency rules adopted March 11 by the Colorado Department of Labor and Employment.

The requirement, which took effect March 11, applies to employers in the sectors of leisure and hospitality, food services, child care, education, home health care, nursing home operations, and community-living facilities operations.

The leave is to be paid at the employees’ regular pay rate for regularly worked hours under the Colorado Health Emergency Leave with Pay rules, the department said. If the rate or hours worked varied before sick leave was taken, the pay is to be in the amount of the average daily pay for the preceding month.

Paid sick leave would end if test results for the coronavirus, which causes the respiratory disease COVID-19, are negative, the department said.

Employers that already offer employees at least four paid sick-leave days do not have to offer extra leave. However, such employees are entitled to the additional four paid sick days if, after having exhausted employer-provided leave, they display flu-like symptoms and are tested for COVID-19, the department said.

A state of emergency was declared March 10 by Colorado Gov. Jared Polis (D) in response to coronavirus cases in the state.