Signed by Governor Jared Polis

Vote Smart's Synopsis:

Vote to repass a bill after having adopted a conference report that requires employers to provide paid sick leave to employees under various circumstances.

Highlights:

• Requires employers to provide each employee at least 1 hour of paid sick leave for every 30 hours worked, beginning January 1, 2021 for employers with 16 or more employees, and January 1, 2022 for all other employers (Sec. 1).

• Specifies that an employee begins accruing paid sick leave when employment with the employer begins, may use paid sick leave as it is accrued, and may carry forward unused paid sick leave to be used in subsequent calendar years (Sec. 1).

• Specifies that unless the employer selects a higher limit, an employee may not earn or use more than 48 hours of paid sick leave per year (Sec. 1).

• Authorizes the use of accrued paid sick leave in hourly increments for purposes including but not limited to (Sec. 1):

• Mental or physical illness, injury, or health conditions that prevent an employee from working;

• Obtaining a medical diagnosis, care, or treatment;

• Obtaining preventive medical care;

• Caring for a family member with a mental or physical illness, injury, or health condition, who is in need of a medical diagnosis, care, or treatment, or is seeking preventative care; 

• Obtaining medical attention, services, or counseling related to domestic abuse, sexual assault, or harrassment of the employee or the employee’s family member; 

• Closure of the employee’s place of business due to a public health emergency; or

• Caring for an employee’s child due to a public health emergency closure of the child’s school.

• Prohibits employers from requiring the employee using accrued paid sick leave to find a replacement worker for their absence (Sec. 1).

• Requires employers, during a public health emergency, to supplement each employees accrued sick leave to ensure at least 80 hours of paid sick leave for employees who normally work 40 or more hours a week, and paid sick leave at least equal to the greater of either the amount the employee is scheduled to or actually works in a 14-day period for employees who normally work fewer than 40 hours a week (Sec. 1).

• Authorizes the use of paid sick leave related to a communicable illness that is the cause of a public health emergency for purposes including, but not limited to (Sec. 1):

• Self-isolating;

• Obtaining a medical diagnosis, care, or treatment;

• Seeking preventative care;

• Caring for a family member that is self-isolating, in need of a medical diagnosis, care, or treatment, or seeking preventative care; 

• Caring for a child when due to a public health emergency the individual’s child care provider is unavailable or the child’s school is closed; or

• An employee’s inability to work because of a health condition that may increase susceptibility to or risk of the communicable illness.

• Requires employers to provide paid sick leave in the amount and for the purposes provided in the federal “Emergency Paid Sick Leave Act” through December 31, 2020 (Sec. 1).

• Authorizes employees to file a complaint or inform any person about an employer’s alleged violation, cooperate in an investigation of an alleged violation, and inform any person of their rights under this bill (Sec. 1). 

• Prohibits employers from taking retaliatory or discriminatory actions against employees who have used paid sick leave or exercised any rights protected by this bill (Sec. 1).

• Prohibits employers from disclosing or requiring employees to disclose details relating to domestic violence, sexual assault, stalking, or an employee or family member’s health information (Sec. 1).

• Requires employers to notify their employees of their rights under this bill (Sec. 1).

• Requires employers to retain records for each employee for a 2-year period that documents hours worked, paid sick leave accrued, and paid sick leave used, and allow the division to access the records to monitor compliance (Sec. 1).

• Authorizes the director of the Division of Labor and Statistics to coordinate implementation and enforcement of this bill's provisions and adopt rules as necessary for such purposes (Sec. 1).

• Appropriates $206,566 to the Department of Labor and Employment for use by the Division of Labor and Statistics in the implementation of this bill (Sec. 3).

Full Bill Text

Vote Smart's Synopsis:

Vote to repass a bill after having adopted a conference report that requires employers to provide paid sick leave to employees under various circumstances.

Highlights:

• Requires employers to provide each employee at least 1 hour of paid sick leave for every 30 hours worked, beginning January 1, 2021 for employers with 16 or more employees, and January 1, 2022 for all other employers (Sec. 1).

• Specifies that an employee begins accruing paid sick leave when employment with the employer begins, may use paid sick leave as it is accrued, and may carry forward unused paid sick leave to be used in subsequent calendar years (Sec. 1).

• Specifies that unless the employer selects a higher limit, an employee may not earn or use more than 48 hours of paid sick leave per year (Sec. 1).

• Authorizes the use of accrued paid sick leave in hourly increments for purposes including but not limited to (Sec. 1):

• Mental or physical illness, injury, or health conditions that prevent an employee from working;

• Obtaining a medical diagnosis, care, or treatment;

• Obtaining preventive medical care;

• Caring for a family member with a mental or physical illness, injury, or health condition, who is in need of a medical diagnosis, care, or treatment, or is seeking preventative care; 

• Obtaining medical attention, services, or counseling related to domestic abuse, sexual assault, or harrassment of the employee or the employee’s family member; 

• Closure of the employee’s place of business due to a public health emergency; or

• Caring for an employee’s child due to a public health emergency closure of the child’s school.

• Prohibits employers from requiring the employee using accrued paid sick leave to find a replacement worker for their absence (Sec. 1).

• Requires employers, during a public health emergency, to supplement each employees accrued sick leave to ensure at least 80 hours of paid sick leave for employees who normally work 40 or more hours a week, and paid sick leave at least equal to the greater of either the amount the employee is scheduled to or actually works in a 14-day period for employees who normally work fewer than 40 hours a week (Sec. 1).

• Authorizes the use of paid sick leave related to a communicable illness that is the cause of a public health emergency for purposes including, but not limited to (Sec. 1):

• Self-isolating;

• Obtaining a medical diagnosis, care, or treatment;

• Seeking preventative care;

• Caring for a family member that is self-isolating, in need of a medical diagnosis, care, or treatment, or seeking preventative care; 

• Caring for a child when due to a public health emergency the individual’s child care provider is unavailable or the child’s school is closed; or

• An employee’s inability to work because of a health condition that may increase susceptibility to or risk of the communicable illness.

• Requires employers to provide paid sick leave in the amount and for the purposes provided in the federal “Emergency Paid Sick Leave Act” through December 31, 2020 (Sec. 1).

• Authorizes employees to file a complaint or inform any person about an employer’s alleged violation, cooperate in an investigation of an alleged violation, and inform any person of their rights under this bill (Sec. 1). 

• Prohibits employers from taking retaliatory or discriminatory actions against employees who have used paid sick leave or exercised any rights protected by this bill (Sec. 1).

• Prohibits employers from disclosing or requiring employees to disclose details relating to domestic violence, sexual assault, stalking, or an employee or family member’s health information (Sec. 1).

• Requires employers to notify their employees of their rights under this bill (Sec. 1).

• Requires employers to retain records for each employee for a 2-year period that documents hours worked, paid sick leave accrued, and paid sick leave used, and allow the division to access the records to monitor compliance (Sec. 1).

• Authorizes the director of the Division of Labor and Statistics to coordinate implementation and enforcement of this bill's provisions and adopt rules as necessary for such purposes (Sec. 1).

• Appropriates $206,566 to the Department of Labor and Employment for use by the Division of Labor and Statistics in the implementation of this bill (Sec. 3).

Full Bill Text