New Colorado Law Requires Paid Sick Leave

A new law, being called the Healthy Family and Workplaces Act, was recently passed and signed into law by the Governor could bring significant new changes to sick leave (including what is considered “sick leave”) for school employees, including all hourly, salaried, exempt, non-exempt, and part-time employees. The new law requires nearly all employers, including public employers like school districts and charter schools, to provide paid sick to employees at a minimum rate of at least one hour of paid sick leave for every 30 hours worked, up to 48 hours total. If an employer already provides sick leave at a rate greater than or equal to this requirement, then this new law will not have an effect. The new law also provides that the earned balance of accrued leave must carryover from one year to the next, subject to the maximum limit. Because it is sick leave, hours are not required to be paid to the employee at separation of employment.

Employees may use paid sick leave hours as soon as they are earned. The allowable reasons for use include when:

“THE EMPLOYEE: (I) HAS A MENTAL OR PHYSICAL ILLNESS, INJURY, OR HEALTH CONDITION THAT PREVENTS THE EMPLOYEE FROM WORKING; (II) NEEDS TO OBTAIN A MEDICAL DIAGNOSIS, CARE, OR TREATMENT OF A MENTAL OR PHYSICAL ILLNESS, INJURY, OR HEALTH CONDITION; OR (III) NEEDS TO OBTAIN PREVENTIVE MEDICAL CARE;

THE EMPLOYEE NEEDS TO CARE FOR A FAMILY MEMBER WHO: (I) HAS A MENTAL OR PHYSICAL ILLNESS, INJURY, OR HEALTH CONDITION; (II) NEEDS TO OBTAIN A MEDICAL DIAGNOSIS, CARE, OR TREATMENT OF A MENTAL OR PHYSICAL ILLNESS, INJURY, OR HEALTH CONDITION; OR (III) NEEDS TO OBTAIN PREVENTIVE MEDICAL CARE;

THE EMPLOYEE OR THE EMPLOYEE'S FAMILY MEMBER HAS BEEN THE VICTIM OF DOMESTIC ABUSE, SEXUAL ASSAULT, OR HARASSMENT AND THE USE OF LEAVE IS TO: (I) SEEK MEDICAL ATTENTION FOR THE EMPLOYEE OR THE EMPLOYEE'S FAMILY MEMBER TO RECOVER FROM A MENTAL OR PHYSICAL ILLNESS, INJURY, OR HEALTH CONDITION CAUSED BY THE DOMESTIC ABUSE, SEXUAL ASSAULT, OR HARASSMENT; (II) OBTAIN SERVICES FROM A VICTIM SERVICES ORGANIZATION; (III) OBTAIN MENTAL HEALTH OR OTHER COUNSELING; (IV) SEEK RELOCATION

DUE TO THE DOMESTIC ABUSE, SEXUAL ASSAULT, OR HARASSMENT; OR (V) SEEK LEGAL SERVICES, INCLUDING PREPARATION FOR OR PARTICIPATION IN A CIVIL OR CRIMINAL PROCEEDING RELATING TO OR RESULTING FROM THE DOMESTIC ABUSE, SEXUAL ASSAULT, OR HARASSMENT; OR DUE TO A PUBLIC HEALTH EMERGENCY, A PUBLIC OFFICIAL HAS ORDERED CLOSURE OF: (I) THE EMPLOYEE'S PLACE OF BUSINESS; OR (II) THE SCHOOL OR PLACE OF CARE OF THE EMPLOYEE'S CHILD AND THE EMPLOYEE NEEDS TO BE ABSENT FROM WORK TO CARE FOR THE EMPLOYEE'S CHILD.”

The law prohibits retaliation against employees utilizing the new law and also requires employers to post notices about the employee’s rights under the new law. For schools (or other entities) employing 16 or more employees, this requirement goes into effect on January 1, 2021. For employers with less than 16 employees, it begins January 1, 2022. We encourage schools to review and update their sick leave policies within the appropriate timeframe. Please contact us with any specific questions.