Resources/Public Health and Pandemic Response

Colorado Ends COVID Public Health Emergency

Published: 4 min read

By: HUB's Absence Management Team

On February 9, 2023, the Department of Health and Human Services (HHS) Secretary Xavier Becerra notified U.S. Governors that the Public Health Emergency (PHE) declaration as a result of COVID-19 would end effective May 11, 2023.

Governor Jared Polis' decision not to extend Colorado's COVID-19 PHE, in conjunction with the end of the HHS PHE declaration, triggers the end of Colorado's Public Health Emergency Leave (PHEL) requirements as of June 8, 2023.

HHS confirms determination of a public health emergency (PHE) due to the COVID-19 pandemic will end on May 11, 2023.

On February 9, 2023, Xavier Becerra, Secretary of the Department of Health and Human Services (HHS), renewed the determination that a public health emergency (PHE) exists due to the continued consequences of the Coronavirus Disease 2019 (COVID-19) through May 11, 2023.

Secretary Becerra simultaneously notified U.S. Governors that this would be the final 90 day extension under section 319 of the Public Health Service (PHS) Act of the determination that a PHE exists as a result of the COVID-19 pandemic.

As a result of the end of the HHS PHE determination, in conjunction with Governor Polis' decision not to extend Colorado's Public Health Emergency determination, Colorado's public health emergency leave (PHEL) requirements under the Healthy Families and Workplaces Act (HFWA) will expire on June 8, 2023.

Dating back to January 1, 2021, all Colorado employers have been required to supply up to eighty (80) hours of Public Health Emergency Leave for covered absences related to the COVID-19 pandemic. Colorado's PHEL is to remain in effect until four (4) weeks following the end of a federal, state, or local public health order.

With the expiration of the public health emergency determination by the department of health and human services on May 11, 2023, Colorado employer requirements to provide PHEL to employees will end June 8, 2023.

Employer Impact

Dating back to January 1, 2021, Colorado's Healthy Family and Workplaces Act (HFWA) has required employers to provide two types of paid sick leave:

  • Accrued paid sick leave for absences related to sickness or safety; and,
  • Supplemental public health emergency leave of absences related to the COVID-19 pandemic (and, briefly, RSV/influenza)

Colorado's supplemental PHEL came with administrative challenges as the supplemental amount required was based on how many previously accrued hours the employee had available at the time of their need for PHEL. Employers were to supplement that balance in the amount required to ensure up to eighty (80) hours of paid sick leave were available to employees if/when an employee had a need for PHE leave. Additionally, employers were unable to request or require documentation for employees to take PHEL.

Following the expiration of Colorado's PHEL on June 8, 2023, employers will once again only be subject to the original paid sick leave requirements outlined in Colorado's HFWA. As a reminder, the HFWA requires employers to:

  • Provide one (1) hour of accrued paid sick leave for every thirty (30) hours worked up to 48 hours in a year (employers may choose to front load this amount each year in lieu of the accrual method).
  • Allow employees to take paid sick leave for the following reasons:
    • A mental or physical illness, injury, or health condition that prevents work;
    • Obtaining preventative medical care (including a vaccination), or a medical diagnosis, care, or treatment, of any mental or physical illness, injury, or health condition;
    • For victims of domestic abuse, sexual assault, or criminal harassment: for leave for medical attention, mental health care, or other counseling, legal or other victim services, or relocation;
    • To provide 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 the category two or three above;
    • When an employee is required to care for a child due to a public health emergency in which a public official closes the employee's place of business or their child's school or place of care.

Employers are able to require reasonable documentation for absences lasting four (4) or more consecutive days.

Employer Next Steps

With the end of PHEL requirements under HFWA on June 8, 2023, approaching quickly, Employers will want to:

  • Revisit policies and handbooks addressing the requirements and leave entitlements provided by HFWA;
  • Adjust internal procedures if/where needed (e.g., documentation requirements); and,
  • Ensure HR teams, supervisors, and any other key stakeholders involved in approving employee time away requests are made aware of the changes.

 

NOTICE OF DISCLAIMER

Neither Hub International Limited nor any of its affiliated companies is a law or accounting firm, and therefore they cannot provide legal or tax advice. The information herein is provided for general information only and is not intended to constitute legal or tax advice as to an organization's specific circumstances. You should consult an attorney, accountant, or other legal or tax professional regarding the application of the general information provided here to your organization's specific situation in light of your organization's particular needs.