What You Need to Know About Paid Leave Law - Colorado

1 CDLE Employer Webinar Series What You Need to Know About paid Leave Law February 25, 2021. Presented by Eric Yohe, Outreach Manager, Colorado Division of Labor Standards and Statistics CDLE Employer Webinar Series What You Need to Know About paid Leave Law Hello! Eric Yohe, Outreach Manager Colorado Division of Labor Standards and Statistics CDLE Employer Webinar Series What You Need to Know About paid Leave Law Overview: What We Will Discuss Today The Division . The Healthy Families and Workplaces Act (HFWA). Accrued paid Sick Leave Public Health Emergency Leave Pay Rate for paid Sick Leave When Employees Can Use paid Sick Leave Documentation, Recordkeeping, and Notification Requirements Q&A. Resources CDLE Employer Webinar Series What You Need to Know About paid Leave Law The Division CDLE Employer Webinar Series What You Need to Know About paid Leave Law Division of Labor Standards and Statistics Labor Standards Wage and Hour Healthy Families and Workplaces Act ( paid Sick Leave ).

2 Wage Claims and Investigations - Unpaid Wages, Minimum Wage, Overtime Other laws related to the employer/worker relationship Criminal History in Applications (Chance to Compete Act). Equal Pay Transparency Requirements Colorado WARNING Rules Division of Labor Standards and Statistics CDLE Employer Webinar Series What You Need to Know About paid Leave Law Division of Labor Standards and Statistics Labor Market Information (LMI). Colorado Labor and Employment related statistics LMI Gateway: Division of Labor Standards and Statistics CDLE Employer Webinar Series What You Need to Know About paid Leave Law Colorado Healthy Families and Workplaces Act (HFWA). CDLE Employer Webinar Series What You Need to Know About paid Leave Law Colorado Healthy Families and Workplaces Act (HFWA).

3 Senate Bill 20-205 | Effective July 15, 2020. Applies to all employers and employees in Colorado Same definition as in Colorado Wage Act (private sector employers). Also includes state and local government agencies Colorado Healthy Families and Workplaces Act (HFWA). CDLE Employer Webinar Series What You Need to Know About paid Leave Law Colorado Healthy Families and Workplaces Act (HFWA). Three types of HFWA Leave Accrued ( Section 403 ) Leave Public Health Emergency (PHE) Leave Colorado required Federal Families First Coronavirus Response Act (FFCRA) PSL. Colorado Healthy Families and Workplaces Act (HFWA). CDLE Employer Webinar Series What You Need to Know About paid Leave Law Colorado Healthy Families and Workplaces Act (HFWA). Unpaid paid Sick Leave is wages under Colorado law.

4 Colorado Healthy Families and Workplaces Act (HFWA). CDLE Employer Webinar Series What You Need to Know About paid Leave Law Accrued HFWA Leave (Section 403). Beginning January 1, 2021 - Employees accrue (earn) 1 hour of paid Leave per 30. hours worked, up to 48 hours per year, paid at the same hourly rate or salary and with the same benefits. Starts first day of employment Accrual based on time worked . Overtime-exempt employees accrue based on their normal hours worked up to a maximum of 40 per week Employers may choose faster accrual and/or more Leave Employers may use a more general Leave plan ( PTO) to comply with HFWA, but must provide same amount or more of HFWA Leave for all HFWA reasons (see Wage Protection Rule ). Employers with 15 or fewer employees are not subject to accrued Leave requirements until January 1, 2022.

5 Use FMLA formula to determine number of employees. (See Colorado Wage Protection Rule ). Accrued HFWA Leave (Section 403). CDLE Employer Webinar Series What You Need to Know About paid Leave Law Qualifying Reasons for Accrued (Section 403) Leave 1| A mental or physical illness, injury, or health condition that prevents work;. 2| Obtaining preventive medical care, or a medical diagnosis, care, or treatment, of any mental or physical illness, injury, or health condition;. 3| Being a victim of domestic abuse, sexual assault, or criminal harassment who needs Leave for medical attention, mental health care or other counseling, victim services (including legal), or relocation; or 4| Care for a family member who has a mental or physical illness, injury, or health condition, or who needs the sort of care listed in category (2) or (3).

6 5| Due to a public health emergency, a public official closed the employee's (A). place of business, or (B) child's school or place of care, requiring the employee to care for the child Accrued HFWA Leave (Section 403). CDLE Employer Webinar Series What You Need to Know About paid Leave Law Public Health Emergency (Section 405) Leave Applies to ALL employers regardless of size and Effective Jan. 1, 2021 for Covid-19. Public Health Emergency (PHE). On the date a Public Health Emergency is declared , all employers must supplement whatever amount of paid Leave the EE has accrued to ensure the EE can take up to 80 hours of Leave in order to: 1. self-isolate and care for oneself because the employee is experiencing symptoms of or is diagnosed with a communicable illness that is the cause of a public health emergency.

7 2. seek or obtain medical diagnosis, care, or treatment if experiencing symptoms of a communicable illness that is the cause of a public health emergency;. 3. seek preventive care concerning a communicable illness that is the cause of a public health emergency;. 4. Care for a family member who is experiencing 1-3 above. For employees hired after Jan. 1, 2021, PHE Leave coverage is immediate. Public Health Emergency (Section 405) Leave CDLE Employer Webinar Series What You Need to Know About paid Leave Law Amount of PHE Supplement Instant supplement to allow up to 80 hours for a PHE (currently Covid) related reason (currently Covid). For employees normally working 40 or more hours in a week, 80 hours of total Leave (accrued plus PHE supplement). For employees normally working under 40 hours in a week, the greater of the number of hours the employee (a) is scheduled for work or paid Leave in the upcoming fourteen-day period, or (b) actually worked on average in the fourteen-day period prior to the declaration of the public health emergency.

8 Accrued Leave may count against PHE supplement Separate from any Covid related Leave required/provided in 2020. Amount of PHE Supplement CDLE Employer Webinar Series What You Need to Know About paid Leave Law Pay Rate for Accrued and PHE Leave Accrued Leave and PHE Leave are paid at the employee's regular rate : Compensated at the same hourly rate or salary and with the same benefits, including health care benefits, as the employee normally earns during hours worked. Employees with non-hourly pay paid at the employee's regular rate (over the 14 days the employee worked prior to qualifying for Leave ). Must be at least the highest applicable minimum wage More info on regular rate in INFO # 6B and the COMPS Order #37. Pay Rate for Accrued and PHE Leave CDLE Employer Webinar Series What You Need to Know About paid Leave Law When Can Employees Use PSL?

9 Accrued Leave and PHE Leave are paid at the employee's regular rate : As it is earned Employer may require use in hourly increments, or may require or allow smaller minimum increment Employer can loan Leave in advance Unused Leave rolls over from year-to-year but an employee can only use and accrue 48 hours of paid Leave per year. When Can Employees Use PSL? CDLE Employer Webinar Series What You Need to Know About paid Leave Law When Can Employees Use PSL? PHE (Section 405): Right away, supplemented as a lump amount Until 4 weeks after the declared end of the PHE. Sequencing: If reason for Leave is a PHE reason, must use supplemental before dipping into any accrued Leave (Wage Protection Rule (D)(3)). When Can Employees Use PSL? CDLE Employer Webinar Series What You Need to Know About paid Leave Law Documentation & Recordkeeping Employers can require reasonable documentation of the need for accrued 403.

10 Leave , but only for four or more consecutive work days . Submitted by any reasonable method (can include an employee's own writing ). Insufficient documentation requires notice to employee and opportunity to cure See Wage Protection Rule for more information When Can Employees Use PSL? CDLE Employer Webinar Series What You Need to Know About paid Leave Law Documentation & Recordkeeping An employer may not require an employee to provide documentation that Leave is for a qualifying reason related to [a] public health emergency (Section 405 Leave ). When Can Employees Use PSL? CDLE Employer Webinar Series What You Need to Know About paid Leave Law Documentation & Recordkeeping Employer Recordkeeping Requirements Two-year period Hours worked, paid sick Leave accrued, and paid sick Leave used.