Colorado’s public health emergency leave (PHEL) requirement no longer applies to the flu, respiratory syncytial virus (RSV), and similar respiratory illnesses, according to guidance issued by the Colorado Department of Labor and Employment (CDLE). Beginning Jan. 8, 2023, the PHEL requirement applies to COVID-19 only.
The Details:
By way of background, all employers in Colorado must provide up to 80 hours of public health emergency leave (PHEL). Beginning November 11, 2022, PHEL covered not only COVID-19 related absences but also those related to RSV and the flu due to their inclusion in Colorado’s public health emergency (PHE) declaration on that date. However, RSV and flu were removed from the January 8, 2023 PHE declaration, so only COVID-19 is covered by PHEL as of that date.
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-19
- Quarantining or isolating due to exposure
- Testing for COVID-19
- Vaccination and its side effects
- Inability to work due to health conditions that may increase susceptibility or risk of COVID-19
- 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 May 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 PHEL requirement.
- Train supervisors on the changes.
- Watch for developments.