Colorado and Oregon Issue New Public Health Emergency for RSV. Colorado Accepts Applications for FAMLI Private Plans

By: HUB's Absence Management Team

Oregon Governor Kate Brown issues Executive Order No. 22-23, declaring emergency due to rapidly increasing pediatric respiratory infections and hospitalizations resulting from respiratory viruses, including RSV.

Colorado Governor Jared Polis signs executive order amending and expanding Colorado’s COVID-19 disaster emergency declaration to include RSV, influenza, and other respiratory illnesses.

Overview: Oregon Declares Public Health Emergency

Oregon declares public health emergency due to increasing pediatric respiratory infections and hospitalizations from respiratory viruses, including RSV.

Colorado expands public health emergency declaration to include influenza, RSV, and other respiratory illnesses.

Colorado FAMLI Division employer portal, My FAMLI+ Employer is now open to all employers for registration.

Oregon Declares Emergency Due to Increase in Pediatric Infections and Hospitalizations from Respiratory Viruses, including RSV

On November 14, 2022, Oregon Governor Kate Brown issued Executive Order No. 22-23, declaring an emergency due to a rapid increase in pediatric infections and hospitalizations from respiratory viruses, including RSV. This declaration will remain in effect for 16 weeks, until March 6, 2023, unless otherwise extended or terminated by the governor.

Public Health Emergency Declaration Impact to OFLA

The Oregon Family Leave Act (OFLA) applies to employers who employ twenty-five (25) or more persons in the State of Oregon for each working day during each of 20 or more calendar work weeks in the year which the leave is to be taken or in the year immediately preceding the year in which the leave is to be taken. The definition of covered employer under OFLA is not impacted by this public health declaration.

The Oregon Family Leave Act (OFLA), outside of a public health emergency, applies to employees who work for a covered employer and have worked for that employer for at least 180 days, working an average of at least twenty-five (25) hours per week for most qualifying leave reasons (there is no hour requirement for employees using OFLA for parental leave).

As a result of the COVID-19 pandemic, employee eligibility requirements were amended to protect more employees in the instance of public health emergency declaration(s). The public health emergency amendments to OFLA decreased the service requirement to include employees of a covered employer who have worked for their employer for thirty (30) days, working an average of twenty-five (25) hours weekly. In addition to the decreased service requirement, the public health emergency amendment of OFLA also expanded covered leave reasons to include caring for a child who requires home care due to the closure of the child’s school or childcare provider as a result of a public health emergency.

These same amendments may now also be applicable to the public health emergency declaration due to the rapid increase in pediatric respiratory viruses, including RSV. Employers will need to ensure any policy documentation is updated and leave requests are granted accordingly, when applicable.

Colorado Expands Public Health Emergency (PHE) Declaration to Include Influenza, RSV, and Other Respiratory Illnesses

On November 11, 2022, Colorado Governor Jared Polis signed an executive order extending and amending the current COVID-19 disaster emergency declaration to include RSV, influenza, and other respiratory illnesses. This amendment expands the range of conditions for which leave can be taken under Colorado’s Public Health Emergency Leave (PHEL), which was previously only applicable to COVID-19-related absences.

This expansion does not require employers to provide any additional PHEL time and only expands upon qualifying conditions to use PHEL.

Per the Colorado Department of Labor and Employment (CDLE), employees may access PHEL if they are experiencing any of the following:

• Symptoms of COVID-19, the flu, RSV, or other respiratory illnesses;
• Quarantining or self-isolating;
• Testing for COVID-19 or similar respiratory illnesses;
• Getting vaccinated or experiencing vaccination side effects;
• Inability to work due to health conditions that may increase susceptibility to the risk of COVID-19, the flu, RSV, or similar respiratory illnesses; and
• Needing to care for family due to illness or school closure.

Employees may have already been covered by Colorado’s PHEL due to the similarity in symptoms of COVID-19 and other respiratory illnesses; however, they would now also be covered by PHEL following a positive diagnosis for RSV or influenza, in addition to COVID-19.

Colorado FAMLI Division’s Online Portal, My FAMLI+ Employer, Now Open

Colorado’s new Paid Family and Medical Leave Insurance (FAMLI) program, run by the CDLE’s FAMLI Division, has opened the new online portal to all employers for registration.

The My FAMLI+ Employer portal will be used by Colorado employers, third-party administrators (TPA’s) and local government employers to manage their FAMLI accounts. The portal will operate similarly to My UI Employer, allowing employers to:

• Report wage data;
• Remit premium payments
• Apply for private plan exemption; and
• Allow local government employers to upload letters of declination votes.

Employers subject to FAMLI need to register within the My FAMLI+ Employer portal before the first premium payments are due on April 30, 2023. The portal can be accessed through the following link: My FAMLI+ Employer