For those covered by a CBA initially negotiated, or negotiated for the next CBA, after the law’s effective date, the law does not apply if the HWFA’s requirements are expressly waived in the CBA and the agreement provides for equivalent or more generous paid sick leave for CBA-covered employees. The HWFA does not apply to employees covered by a CBA in effect on the law’s effective date if the CBA provides for equivalent or more generous paid sick leave for employees the CBA covers. The law does not apply to independent contractors or to employees subject to the federal Railroad Unemployment Insurance Act.įor employers with unionized workforces, there are potential exceptions that vary depending on when the parties agree on a collective bargaining agreement (CBA). Under the HFWA, an employee is any person, including a migratory laborer, performing labor or services for an employer’s benefit. Covered Employers and EmployeesĪll three paid leave programs under the HWFA will apply to all private employers that have an employee who works in Colorado. Although some paid sick jurisdictions have enacted separate emergency (and temporary) paid leave laws, and other jurisdictions are exploring adding an emergency leave component to their existing paid sick leave law, this built-in tripartite law would be the first of its kind. Governor Jared Polis (D) is expected to sign the HFWA, which generally will take effect immediately upon his signature, although certain provisions will not take effect until 2021 or 2022, depending on how many employees an employer has. “The Colorado legislature recently passed SB20-205, the Healthy Families and Workplaces Act (“HFWA”), which will require all Colorado employers to provide three types of paid sick leave: 1) COVID-19 emergency paid sick leave (“CO-EPSL”) 2) Paid sick and safe time (“PSST”) and 3) Public health emergency paid sick leave (“PHEL”). Most people are lucky to have one type of sick leave, but now Colorado is passing a law that requires employers to provide three! There’s plenty of “if’s, and’s & butt’s” involved in this law, so for further explanation, read on…
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