Colorado Mandates Employee Paid Sick Leave for All

We knew this was going to continue to be a big year for legislation and it just keeps on coming. Be sure to follow our HR Branches Facebook as we will be going live to discuss these legislative changes now as well as in the future. Feel free to submit your questions in advance by emailing [email protected] or giving us a call at 719-244-9640.

Without further adieu, lets dive in shall we?

The federal mandate FFCRA (Families First Coronavirus Response Act) we reported on a few months ago was just the shallow end of the pool. Get your life vest- this isn't a kiddie pool folks, the "Healthy Families and Workplaces Act" is white water rapids for the small business community.  Carefully navigating these treacherous waters to keep your business afloat is going to be crucial.

On July 14, 2020 Colorado Govenor, Jared Polis signed the "Healthy Families and Workplaces Act" into law.  In the state of Colorado, only 60% of employees have paid time off through their employer. While this bill's good intentions are to further support individuals that don't currently have access to paid sick time which prevents them from staying home when they should (and possibly infecting others), and to create a healthier work environment and community, it is going to be painful (or in some cases fatal) for small businesses to comply.

Luckily, you have some great resources available to you to numb the pain. We will talk about this down below.

Here is the bill in bite-sized pieces:

• Senate Bill 205 for the state of Colorado has been signed into law by Gov. Polis and mandates ALL employers to provide paid sick leave for their employees
• Law will go into effect January 1st, 2021
• For employers with LESS THAN 16 employees, there will be a 1 year grace period and will go into effect January 1st, 2022
• As of DECEMBER 31ST 2020 moving forward, employers must provide paid sick leave for employees to take for reasons related to the Covid-19 pandemic as detailed in the 2020 "Emergency Paid Sick Leave Act" and the "Families First Coronavirus Response Act"
• Employers are to provide 48 hours of paid sick leave, which is six 8-hour days off
• They immediately begin accruing 1 hour paid per 30 hours worked when employment begins
  • For 40 hour work weeks, employees will earn the 48 hours paid leave in 36 weeks
• Employees can immediately use paid leave as it's accrued
• This applies to full time AND part-time employees
• Paid leave hours accrued CAN roll over to subsequent years
  • We need additional clarification if the 48 hours of paid leave is capped or continues to accrue
• Employees are eligible for the paid leave for the following reasons:
  • Illness due to current or future pandemic or public health emergencies (may require additional paid sick leave)
  • Caring for a family member due to illness or pandemic or public health emergencies (may require additional paid sick leave)
  • Mental or physical illness, injury or health condition
  • Victim of domestic abuse, sexual assault or harassment or stalking
  • Child care due to school closure
• Administrative Burden for small businesses:
  • Written notice must be provided to each employee, detailing thier rights under this law
  • Posters created by the State of Colorado must be posted in a visible common area
  • Detailed records per employee for a two-year period documentation hours worked, paid sick leave accrued, paid sick leave used
  • Must provide access if/when requested by the state for compliance and audit purposes
  • Documentation for paid sick leave must be maintained in a separate file from other personnel information, must be treated as medical records, not to be disclosed except to an affected employee or with the express permission of the affected employee

These requirements are in addition to the documentation needed for Covid-19-related sick leave and SBA PPP or EIDL Loan tracking. 

**Details relating to domestic violence, sexual abuse or assault or harassment/stalking; or an employees or family members health information can NOT be required by the employer as a condition of paid sick leave

If employers violate this act, they are liable for back pay and "any other relief" and likely some fines or penalties. 

 Take a breath. There are some silver linings to this. For instance, for small businesses under 16 employees, you have an extra year to PLAN. Don't push it off last minute because it will be here before you know it...but it gives you more than 6 months to recover and create a financial strategy with your CPA and HR advisors. 

^{Disclaimer: HR Branches provides general information about Human Resources. Please note that the information provided, while reliable, is not legal advice. Please seek legal assistance, or assistance from State, Federal, or International governmental resources, to make sure your legal interpretation and decisions are correct for your location and circumstances. The purpose of this information is for guidance, ideas, and assistance on general HR matters.}

Below are your "rafting guides" to help you navigate the upcoming rapids:

 HR Branches

719-244-9640

www.hrbranches.com

BRW Tax & Accounting

719-358-2360

www.brwtax.com

Gilbertson Law Office

720-525-9275

www.gilbertsonlawoffice.com

Pikes Peak SBDC

719-667-3803

www.pikepeaksbdc.org

SCORE Mentors

(719) 377-3107

www.coloradosprings.score.org