End of the COVID-19 Public Health Emergency

Background on the Colorado Public Health Emergency (PHE) Leave

All employers in Colorado have been obligated to provide PHE leave since January 1, 2021 for COVID-19 related absences. The law was enacted to address the COVID-19 pandemic and contains broad language applicable to any public health emergency declared by federal, state, or local public health agency. 


Under the Colorado Healthy Families and Workplaces Act’s (HFWA) PHE leave provision enacted in January 2021, Employers have been required to provide their employees an additional amount of paid sick leave during the COVID-19 public health emergency in an amount based on the number of hours the employee works. There has been no documentation requirement for an employee to take this leave for self-isolation due to a positive diagnosis, seeking medical treatment with respect to a disease, caring for a family member or a child, or inability to work due to pre-existing health conditions.

Ending of PHE Leave and What it Means for You

Colorado Employers will see an end to HFWA’s Public Health Emergency Leave.  The Department of Health and Human Services’ public health emergency is set to expire on May 11, 2023 at the Federal Level. This is the public health emergency that has been renewed every three months for the past few years keeping Colorado employers paying public health emergency leave.  Once the Federal Public Health Emergency expires on May11, 2023, Colorado employees’ entitlement to supplemental leave for theCOVID-19 emergency ends on June 8, 2023; four weeks after the declaration of emergency ends. 

For more information, please see the links below.

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