On January 30, 2023, the White House released a Statement of Administrative Policy related to the COVID-19 national emergency and public health emergency (PHE) declarations. It stated, “At present, the Administration’s plan is to extend the emergency declarations to May 11, and then end both emergencies on that date.” The time frame allows the winding down of policies related to the emergency declarations.
In Colorado, a spokesperson for Governor Polis said “the state declaration will not outlast the end of the federal declaration,” according to a Denver media outlet. The spokesperson also said that the current Colorado declaration of a public health emergency “contains no restrictions and is focused on the state remaining eligible for funding under the federal emergency declaration.”
The ramifications of these decisions are not quite clear because it is not immediately apparent how state or federal regulations that were modified due to the federal declarations will exist after the emergency has ended. What is clear for Colorado employers is the additional PHE leave under the Healthy Families and Workplaces Act (HFWA), which was enacted in 2020, is expected to expire on June 10, 2023, 30 days after the emergency declaration expires. At that time, the additional PHE leave for employees will expire, but the other paid sick leave obligations will remain.
Employers Council is closely watching this situation and will inform our members and update our publications on any other legal or regulatory changes, along with suggested HR policies, when they become apparent.