On March 11, 2020, the Colorado Department of Labor and Employment (CDLE) issued emergency rules, referred to as Colorado Health Emergency Leave with Pay (Colorado HELP) Rules, requiring employers in certain industries to provide four days of paid sick leave to employees with flu-like symptoms while awaiting test results for COVID-19. These rules take effect immediately for 30 days, or longer if the state of emergency declared by Colorado Governor Polis continues.

Which industries are covered by the Colorado HELP Rules?

  • Leisure and hospitality;
  • Food services;
  • Child care;
  • Education (including transportation, food service, and related work at educational establishments);
  • Home health (if working with elderly, disabled, ill, or otherwise high-risk individuals)
  • Nursing homes; and
  • Community living facilities.

How much paid sick leave must be provided?

Employers are required to provide up to four days of paid sick leave to employees with flu-like symptoms who are being tested for COVID-19. If the employee tests negative, the leave ends.

If an employer's paid leave policy already meets the requirements of these rules, then the employer does not need to provide additional paid sick leave. However, if an employer does not already provide paid sick leave that complies with the Colorado HELP Rules, or an employee has exhausted allotted paid sick leave, the employee is entitled to paid sick leave up to four days for COVID-19 testing.

A failure to pay sick leave under these rules is considered a failure to pay wages.

What additional funds are available to workers and employers?

Colorado HELP only addresses paid leave for the four-day period for testing. The CDLE has been tasked with identifying other sources for support and wage replacement. President Trump also addressed the impact of COVID-19 on employers, calling for the Small Business Administration to provide capital and liquidity to small businesses and for Congress to provide payroll tax relief.

For additional information on these emergency rules, visit the CDLE's website.

The impact of COVID-19 continues to evolve and is unique to every business.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.