Insight

Complying with the Colorado Healthy Family Workplace Act HFWA — What Employers Should Do Now

Complying with the Colorado Healthy Family Workplace Act HFWA — What Employers Should Do Now

Elizabeth Hartsel

Elizabeth Hartsel

October 21, 2022 03:34 PM

Employers should be aware that beginning on January 1, 2022, all employers with at least one employee in Colorado must provide paid sick leave to their employees. This is an extension of SB20-205, known as the “Healthy Families and Workplaces Act” (“HFWA”), which initially went into effect on January 1, 2021.

Pursuant to the HFWA, employers must provide at least one hour of paid sick leave for every 30 hours worked, up to 48 hours total. An employee begins accruing paid sick leave when their employment begins and may use paid sick leave as it is accrued. For accrual purposes, an employee who is exempt from overtime accrues paid sick leave based on the assumption that the employee works forty hours per week. Non-exempt employees accrue paid sick leaves based on the number of hours that comprise the employee’s normal work week.

The employee may roll-over up to 48 hours of paid sick leave, but the employer is not required to make a financial or monetary to payout to an employee for unused paid sick leave. An employer is also not required to allow the employee to use more than 48 hours of paid sick leave in a year.

Employees may use accrued paid sick leave to be absent from work for the following purposes:

  • The employee has a mental or physical illness, injury, or health condition; needs a medical diagnosis, care, or treatment related to such illness, injury, or condition; or needs to obtain preventive medical care;

  • The employee needs to care for a family member who has a mental or physical illness, injury, or health condition; needs a medical diagnosis, care, or treatment related to such illness, injury, or condition; or needs to obtain preventive medical care;

  • The employee or family member has been the victim of domestic abuse, sexual assault, or harassment and needs to be absent from work for purposes related to such crime; or

  • A public official has ordered the closure of the school or place of care of the employee’s child or of the employee’s place of business due to a public health emergency, necessitating the employee’s absence from work.

The HFWA also requires employers to supplement employees’ accrued unpaid sick leave during a public health emergency to levels similar to the current COVID-19 paid sick leave relief instituted by the HFWA.

What Steps Should Employers Take Now?

Employers must notify employees of their rights under the HFWA by:

  • Providing employees with a written notice of their rights, including the specific amount of sick leave entitled to the employees and stating that the employer cannot retaliate against employees for requesting or using paid sick leave;

  • Displaying a poster developed by the Division of Labor Standards and Statistics in in a conspicuous and accessible location; and

  • Confirming that their policies align with the HFWA and that their employee handbooks are updated to reflect those policies.

If a Colorado employer already has a paid sick leave policy that complies with the HFWA, then no additional paid sick leave is required. The penalty for not providing the notice or the poster is a civil fine not to exceed $100 for each violation. Meaning, an employer who fails to provide notice and a poster could be fined $200.

1 From January 1, 2021 through December 31, 2021, only employers with sixteen or more employees were required to provide paid sick leave to their employees under the HFWA.

2 https://leg.colorado.gov/bills/sb20-205

Related Articles

Paula Greisen - Denver 2020 Lawyer of the Year


by Best Lawyers

Litigation - Labor and Employment Denver, CO

Paula Greisen

ERISA Reaches Its Turning Point


by Bryan Driscoll

ERISA litigation and the laws surrounding are rapidly changing, with companies fundamentally rewriting their business practices.

Beach chair and hat sit in front of large magnify glass

Attacked From All Sides: What Is Happening in the World of Restrictive Covenants?


by Christine Bestor Townsend

One employment lawyer explains how companies can navigate challenges of federal and state governmental scrutiny on restrictive covenant agreements.

Illustration of two men pulling on string with blue door between them

IN PARTNERSHIP

Businesses Must Prepare for the New Department of Labor Independent Contractor Rule


by Kirby Black and Steven T. Clark

Two employment law lawyers explain how a new DOL rule making it more likely workers will be classified as employees, rather than independent contractors, has caused legal challenges and prompted businesses to reassess worker status and policies.

Block with outline of person slightly out of place from other blocks

IN PARTNERSHIP

The Long, Short, Thick and Thin of It


by Avrohom Gefen

“Appearance discrimination” based on employees’ height and weight is the latest hot-button issue in employment law. Here’s a guide to avoid discrimination.

Woman stands in front of mirror holding suit jacket

IN PARTNERSHIP

Five Considerations Choosing A Colorado Car Accident Lawyer


by Lisandra Matos

One lawyer explains five considerations you should take when choosing the right Colorado lawyer if you have been injured or are facing insurance claims after a car accident.

Red and white toy car colliding by magnifying glass on orange background

The Employment Pandemic


by Meredith Caiafa and Sarah Greene

The pandemic has had far-reaching effects on employment law since it officially took hold in 2020, but the litigation and lawmaking surrounding it are mutating faster than the variants. Here’s how lawmakers and businesses can keep up.

Employment Law During COVID-19

Destiny Fulfilled


by Sara Collin

Was Angela Reddock-Wright destined to become a lawyer? It sure seems that way. Yet her path was circuitous. This accomplished employment attorney, turned mediator, arbitrator and ADR specialist nonpareil discusses her career, the role of attorneys in society, the new world of post-pandemic work and why new Supreme Court Justice Ketanji Brown Jackson represents the future.

Interview with Lawyer Angela Reddock-Wright

NYC Pay Transparency Law Gets New Start Date


by Justin Smulison

This historic law regarding pay transparency in New York City originally scheduled to take effect last week was rescheduled to Fall 2022.

NYC Stand Resolute on Pay Transparency

Colorado "Lawyer of the Year" 2022


by Best Lawyers

Jane E. Young is honored as 2022 "Lawyer of the Year" in Colorado for Insurance Litigation.

Colorado "Lawyer of the Year" 2022

Colorado's Best Lawyers 2022


by Best Lawyers

Our 2022 Colorado's Best Lawyers publication features top-ranked legal talent in Boulder, Denver and Western Colorado.

Colorado's Best Lawyers 2022

Evolving Marijuana Laws and the Workplace


by Tess P. Anglin

How can employers enforce statutes that differ from state to state?

Red image of a marijuana leaf

Nina T. Pirrotti - New Haven 2020 Lawyer of the Year


by Best Lawyers

Employment Law - Individuals New Haven, Connecticut

Nina Pirrotti

WATCH: A Landmark Win for LGBTQ Rights


by Best Lawyers

Two top employment attorneys join the CEO of Best Lawyers to discuss the landmark Supreme Court ruling protecting gay and transgender employees.

Panel: LGBTQ SCOTUS Ruling

Tribal Sovereignty or Discrimination?


by Janice Zhou

The Indian Child Welfare Act was designed to help keep Native American children from being adopted outside their tribes. Now it’s under threat.

Potential Changes to Indian Child Welfare Act

Big Wins From Coast to Coast


by Justin Smulison

Founder Michael S. Burg discusses how Burg Simpson’s lawyers secured major verdicts in some of the nation’s most unique cases in 2019.

Michael S. Burg Best Lawyers 2020

Trending Articles

2025 Best Lawyers Awards Announced: Honoring Outstanding Legal Professionals Across the U.S.


by Jennifer Verta

Introducing the 31st edition of The Best Lawyers in America and the fifth edition of Best Lawyers: Ones to Watch in America.

Digital map of the United States illuminated by numerous bright lights

Unveiling the 2025 Best Lawyers Awards Canada: Celebrating Legal Excellence


by Jennifer Verta

Presenting the 19th edition of The Best Lawyers in Canada and the 4th edition of Best Lawyers: Ones to Watch in Canada.

Digital map of Canadathis on illuminated by numerous bright lights

Legal Distinction on Display: 15th Edition of The Best Lawyers in France™


by Best Lawyers

The industry’s best lawyers and firms working in France are revealed in the newly released, comprehensive the 15th Edition of The Best Lawyers in France™.

French flag in front of country's outline

Presenting the 2025 Best Lawyers Editions in Chile, Colombia, Peru and Puerto Rico


by Jennifer Verta

Celebrating top legal professionals in South America and the Caribbean.

Flags of Puerto Rico, Chile, Colombia, and Peru, representing countries featured in the Best Lawyers

Announcing the 13th Edition of Best Lawyers Rankings in the United Kingdom


by Best Lawyers

Best Lawyers is proud to announce the newest edition of legal rankings in the United Kingdom, marking the 13th consecutive edition of awards in the country.

British flag in front of country's outline

Unveiling the 2025 Best Lawyers Editions in Brazil, Mexico, Portugal and South Africa


by Jennifer Verta

Best Lawyers celebrates the finest in law, reaffirming its commitment to the global legal community.

Flags of Brazil, Mexico, Portugal and South Africa, representing Best Lawyers countries

Prop 36 California 2024: California’s Path to Stricter Sentencing and Criminal Justice Reform


by Jennifer Verta

Explore how Prop 36 could shape California's sentencing laws and justice reform.

Illustrated Hands Breaking Chains Against a Bright Red Background

Announcing the 16th Edition of the Best Lawyers in Germany Rankings


by Best Lawyers

Best Lawyers announces the 16th edition of The Best Lawyers in Germany™, featuring a unique set of rankings that highlights Germany's top legal talent.

German flag in front of country's outline

Celebrating Excellence in Law: 11th Edition of Best Lawyers in Italy™


by Best Lawyers

Best Lawyers announces the 11th edition of The Best Lawyers in Italy™, which features an elite list of awards showcasing Italy's current legal talent.

Italian flag in front of country's outline

Tampa Appeals Court ‘Sends Clear Message,” Ensuring School Tax Referendum Stays on Ballot


by Gregory Sirico

Hillsborough County's tax referendum is back on the 2024 ballot, promising $177 million for schools and empowering residents to decide the future of education.

Graduation cap in air surrounded by pencils and money

Find the Best Lawyers for Your Needs


by Jennifer Verta

Discover how Best Lawyers simplifies the attorney search process.

A focused woman with dark hair wearing a green top and beige blazer, working on a tablet in a dimly

Key Developments and Trends in U.S. Commercial Litigation


by Justin Smulison

Whether it's multibillion-dollar water cleanliness verdicts or college athletes vying for the right to compensation, the state of litigation remains strong.

Basketball sits in front of stacks of money

Woman on a Mission


by Rebecca Blackwell

Baker Botts partner and intellectual property chair Christa Brown-Sanford discusses how she juggles work, personal life, being a mentor and leadership duties.

Woman in green dress crossing her arms and posing for headshot

Best Lawyers Celebrates Women in the Law: Ninth Edition


by Alliccia Odeyemi

Released in both print and digital form, Best Lawyers Ninth Edition of Women in the Law features stories of inspiring leadership and timely legal issues.

Lawyer in green dress stands with hands on table and cityscape in background

The Human Cost


by Justin Smulison

2 new EU laws aim to reshape global business by enforcing ethical supply chains, focusing on human rights and sustainability

Worker wearing hat stands in field carrying equipemtn

Beyond the Billables


by Michele M. Jochner

In a recently conducted, comprehensive study, data reveals a plethora of hidden realities that parents working full-time in the legal industry face every day.

Women in business attire pushing stroller takes a phone call