Federal Bill 'Leaves' Public Health Emergency in Place

On April 10, President Biden signed a bill ending the COVID-19 national emergency. This law did not affect the federally-declared public health emergency (“PHE”), which is still set to expire May 11. This distinction is important for Colorado employers, who are required to provide additional paid sick leave during a PHE and the four weeks after the expiration of the PHE. It makes no difference whether the PHE is issued by a federal, state, or local public health agency -- Colorado employers must provide additional leave until all applicable PHE declarations have expired. The Colorado PHE and national PHE are still in effect, meaning that Colorado employers must still provide PHE leave to any employees who have not used all of theirs since the COVID-19 PHE was "declared" January 1, 2021. 

Although there is no definitive answer regarding when COVID related PHE leave will no longer be required in Colorado, eagle-eyed readers may notice that language on the CDLE's website has been changed to de-emphasize their promise to update Colorado employers "immediately" when that situation arises. 

Sherman & Howard's Employment Law team will keep its eyes peeled but, for now, employers need to stay the course and keep on keeping on with regard to PHE leave.