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Colorado Says PHEL Also Applies to Flu and RSV

01/05/23

Author: ADP Admin/Tuesday, January 3, 2023/Categories: Compliance Corner

Colorado’s public health emergency leave requirement applies to not just COVID-19, but also the flu, respiratory syncytial virus (RSV), and similar respiratory illnesses, according to guidance issued by the Colorado Department of Labor and Employment (CDLE). The change is a result of the inclusion of those conditions in Colorado’s latest public health emergency (PHE) declaration as of Nov. 11, 2022.

The Details:

By way of background, all employers in Colorado must provide up to 80 hours of public health emergency leave (PHEL). In addition to PHEL covering COVID-19 related absences, the CDLE has confirmed PHEL covers both RSV and the flu as well. The expansion beyond COVID-19 doesn’t give employees an extra 80 hours for those conditions. It just means they can use their 80 hours for a broader range of conditions.

According to the CDLE, employees may use PHEL for a range of PHE-related needs, not just for confirmed cases. These needs include:

  • Symptoms of COVID, flu, RSV or other similar respiratory illnesses.
  • Quarantining or isolating due to exposure.
  • Testing for COVID or similar respiratory illnesses.
  • Vaccination and its side effects.
  • Inability to work due to health conditions that may increase susceptibility or risk of COVID, flu, RSV or similar respiratory illnesses.
  • Needs to care for family (illness, school closure, etc.).

Employers cannot require documentation from employees to show that leave is for PHE-related needs, according to the CDLE guidance.

The 80-hour PHEL requirement will continue until four weeks after all applicable PHE declarations end or are suspended. Based on current emergency declarations, the PHEL requirement will continue at least into February 2023, and may extend longer if either the federal or the state PHE declaration is renewed further into 2023.

Next Steps:

  • Ensure leave policies and practices comply with the expanded PHEL requirement.
  • Train supervisors on the changes.
  • Watch for developments.