EMERGENCY SICK LEAVE

EFFECTIVE APRIL 1, 2020





All private employers with less than 500 employees (see exemptions below) and government employers must pay up to 80 hours of paid sick leave if the employee employed for at least 30 days (3/2/2020) cannot work, including telework, if he or she:

1)  is subject to governmental quarantine or isolation order;

2)  is advised by a health care provider to self-quarantine due to CV concerns (self-quarantine is ineligible);

3)  is experiencing symptoms of CV and is seeking a medical diagnosis;

4)  is caring for an individual subject to an order in #1 or is self-quarantined per #2;

5)  is caring for a child whose school or child care is closed; or

6)  is “experiencing any other substantially similar condition specified by HHS in consultation with the Treasury & Labor Depts.” 

For 1, 2 and 3 above:

Full-time employees must be paid at least their regular wage per local, state or federal minimum wage laws, whichever is greater. (State law in CO). Maximum payout is capped at $511 per day and $5,110 total.

Part time employees receive the pay based on the average number of hours worked in a two-week period, averaged over the prior 6 months. If not employed yet for 6 months, the average number of hours for the weeks’ worked. There is a separate method for part-time workers whose schedules vary widely.

 For 4, 5 and 6 above:

If the employee is caring for a family member, they must be paid at 2/3 of their normal rate, capped at $200/day and $2,000 total.

Includes:

-Employees on leave, temporary employees, day laborers, but NOT independent contractors.

-Overtime pay, but is capped at 80 hours. So, if an employee typically works 50 hours per week, the overtime would be included for the 1st week, but the 2nd week would be limited to 30 hours.

Employer can’t require employee to first use other available paid leave (i.e., vacation) before using the sick leave. But, the employee may make this choice if other paid leave is available as a benefit.

Documentation:

Copy of governmental quarantine order or document from a health care provider advising self-quarantine to employer so it can obtain a tax credit.

EXEMPTIONS:

1) Health care workers and emergency responders, and

2) Small businesses with less than 50 employees if the requirements would jeopardize the viability of the business as a going concern, where and authorized officer of the business determines one of the following: a) if either or both leaves would result in the business’s expenses and financial obligations exceed revenues and cause it to cease operating at a minimal capacity; b) the absence of employee(s) requesting either or both leaves would entail a substantial risk to the financial health or operational capabilities due to their specialized skills, business knowledge or responsibilities; or c) there are not enough workers available to perform the services provided by those requesting either or both leaves, and the services are needed for the business to operate at a minimal capacity. Maintain documentation but to not provide any materials to the DOL.  

Request:

Eligible employees may apply for either leave beginning 4/1/2020.

No Retaliation:

Employers may not discharge, discipline or otherwise discriminate for anyone who takes either leave. The DOL may investigate, enforce and impose penalties.  

Notice:

Poster [here] of regarding both of these rights must be posted no later than 4/8/20 (or by email for those teleworking.

Tax Credit: Employers can seek reimbursement for the wages paid by taking tax credits applicable to the employer’s portion of Social Security taxes (6.2%)

End Date: 12/31/2020 (subject to further governmental orders)

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