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Update from the CDLE August 9, 2022: Are Employers Required to Provide PHE Leave Related to Monkeypox?

No. Colorado law provides supplemental paid sick leave when a federal public health emergency is declared for a “highly fatal infectious agent.” Currently, the evidence does not appear to show the current strain of monkeypox to be “highly fatal.” Accordingly, the Monkeypox public health emergency declared by the federal Department of Health and Human Services on August 4, 2022 is not the type that triggers supplemental paid sick leave under Colorado law. However, accrued paid sick leave for personal or family health needs related to Monkeypox can be taken if the leave is for one or more of the needs listed in the Accrued Paid Sick Leave section below. 

If a federal, state, or local emergency is declared that requires a new two-week PHE leave supplement for Monkeypox-related reasons, this webpage will be updated as soon as possible. For more information on what constitutes a public health emergency under HFWA, see C.R.S. § 8-13.3-402(9) (link in “References” section below).

Maintaining a high level of awareness of infectious diseases is essential for employers. Over the years, organizations have become accustomed to the need for workers to receive flu vaccines. Since 2020, employers have dealt extensively with the effects of the COVID-19 pandemic and continue to monitor evolving laws.

Now, employers must consider issues surrounding monkeypox, a virus that has been spreading recently in the United States and across the world. On August 4, 2022, the secretary of the U.S. Department of Health and Human Services declared the monkeypox outbreak a public health emergency. The announcement came on the heels of the World Health Organization (WHO) declaring the virus a public health emergency of international concern.

As of this writing, August 8, 2022, most states, including Arizona, Colorado, New Mexico, and Utah, have not declared monkeypox a public health emergency that changes how employers administer sick leave. The Colorado Department of Labor and Employment (CDLE) has stated that monkeypox does not require additional sick leave, such as that provided under the state’s Healthy Families and Workplaces Act (HFWA) for public health emergencies. Employers Council will continue to monitor the situation and update members if there are changes.

Monkeypox is typically spread through skin-to-skin contact and “is rarely fatal,” according to the Centers for Disease Control and Prevention (CDC). But the virus can cause numerous unpleasant symptoms, including fever, body aches, exhaustion, and a rash that may be painful, according to the CDC. The WHO cautions that certain groups, if infected, are prone to more severe effects: “Newborn babies, children, and people with underlying immune deficiencies may be at risk of more serious symptoms and death from monkeypox.”  

The CDC lists ways in which monkeypox is spread, including sexual contact. As of August 4, 2022, there were 7,102 confirmed cases of monkeypox in the United States, according to the CDC’s Map & Case Count. Employers can track the number of cases in their state or states of operation using the tool.

There is a monkeypox vaccine, and states are working to get it to high-risk populations, both those with a high rate of spread and those who are likely to have more significant symptoms. Educating employees about the virus and how it is transmitted and prevented and taking sanitation precautions are important. Due to the way the virus has most commonly been spreading, there is also a concern about discrimination in the workplace toward gay men, which is a violation of Title VII of the Civil Rights Act.

In the past, blood-borne viruses or viruses spread through skin-to-skin contact have created difficult questions for employers to answer from their employees. If you find this true at your workplace, contact Employers Council or go to our website for guidance at www.employerscouncil.org.