Fri, 07/17/2020
Healthy Families and Workplaces Act
On July 14, 2020, Colorado enacted the “Healthy Families and Workplaces Act,” Senate Bill 20-205, which requires employers with at least 16 employees to provide paid sick leave to their workers. Starting January 1, 2021, these workers will receive up to 48 hours paid sick leave per year (1 hour accrued for every 30 hours worked). This requirement will be extended to all employers beginning on January 1, 2022. The law exempts employers that already have paid sick leave policies that meet or exceed these requirements, and encourages employer to provide more generous paid sick leave.
With passage of the Act, Colorado joins the growing list of states that have enacted paid sick leave laws, including Arizona, California, Connecticut, Maine, Maryland, Massachusetts, Michigan, New Jersey, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia.
The Act also provides for up to 80 hours of paid sick leave for full-time employees suffering from an illness related to a public health emergency, such as COVID-19. Employees who need to take leave to care for a family member suffering from such an illness will be covered by these provisions.
The Act further requires all employers (regardless of size) to provide paid sick leave in accordance with the federal “Emergency Paid Sick Leave Act” in the “Families First Coronavirus Response Act” to all employees not otherwise covered by these laws. Importantly, this protection extends from the effective date of the Act (July 14) until December 31, 2020, when Colorado’s new paid sick leave requirements that cover public health emergencies will take effect.
Employers must retain records documenting, by employee, the hours worked, paid sick leave accrued, and paid sick leave used and make such records available to the Department of Labor to monitor compliance with the Act.
Employee’s Rights
The Act protects employees from being denied sick leave and from retaliation for using or attempting to use paid sick leave. Employers may not fire, subject to discipline, or otherwise punish employees for exercising their rights under the Act. Employees who in good faith believe their rights have been violated may file a complaint with Colorado’s Department of Labor. The Department will investigate the allegation and, if substantiated, award back pay and, if applicable and feasible, reinstatement to the injured employee.
Alternatively, employees may file a civil action in a Colorado district court within two years of the violation, and may demand a jury trial. Employees can seek reinstatement, payments for lost wages, liquidated damages, costs, and reasonable attorney’s fees.
Employees are also entitled to notice of their rights. An employer must provide its employees written notice specifying the amount of required paid sick leave and how to use it. The notice must also include the restrictions against retaliation and that employees have the ability to file a complaint or bring a civil action if paid sick leave is denied. Willful violations of the notice requirements will result in a civil fine of $100 for each violation.
Contact our expert attorneys for more information about your wage and hour rights.
Disclaimer
This post is for attorney advertising and informational purposes only. Nothing in this post should be construed as legal advice or as creating an attorney-client relationship with McGillivary Steele Elkin LLP or its attorneys. Although McGillivary Steele Elkin LLP seeks to help employees recover backpay and liquidated damages for unpaid overtime work, it cannot guarantee that any potential client in this matter will in fact recover any amount of money. Nothing in this post should be read to contain a promise or guarantee of success on the merits of this pending claim, nor should it create any expectation that joining the lawsuit will result in financial gain. McGillivary Steele Elkin LLP is a Washington, D.C. based law firm located at 1101 Vermont Ave., N.W., Suite 1000 Washington, DC 20005. For any questions related to this post, please call (202) 833-8855 or email at otpay@wmlaborlaw.com.
