A recent disaster emergency declaration by Colorado Governor Jared Polis in response to an avian flu outbreak has raised questions about the implications for paid sick leave under the Healthy Families and Workplaces Act (HFWA). This article seeks to clarify the purpose of both public health emergencies (PHEs) and disaster emergencies.
Under the HFWA, employees are entitled to an additional bank of paid sick leave of up to 80 hours during a PHE. A PHE is defined as an act of bioterrorism, a pandemic influenza, or an epidemic caused by a novel and highly fatal infectious agent or a highly infectious illness or agent with epidemic or pandemic potential. Under either definition, an emergency must be declared by the government for the additional paid sick leave component to kick in. The most recent PHE declaration expired in May 2023, signaling the end of these additional requirements for Colorado employers.
Importantly, not all emergency declarations result in the requirement of additional paid sick leave. For example, an emergency was declared for monkeypox. However, the Colorado Department of Labor and Employment (CDLE) noted that it was not novel or highly fatal, so the PHE component was not triggered.
As of this writing, no PHE has been declared that would trigger the additional paid sick leave entitlements.
The disaster emergency declared on July 8, 2024, by Governor Polis was related to an isolated outbreak of avian influenza A (H5N1) in a commercial chicken flock. Due to the highly infectious nature of this disease among livestock, a speedy response is needed to prevent spread and economic damage. However, it is crucial to note that avian flu rarely results in zoonotic transmission, with only five cases in recent years of the illness moving from animals to humans in the United States. There are currently no recorded cases of transmission from human to human in the U.S. Therefore, this does not meet the definition of PHE and did not trigger the additional bank of paid sick leave.
Consulting and Enterprise members with questions about how the HFWA applies to their organizations can contact Employers Council at info@employerscouncil.org.
Hannah Rich is a human resources consultant for Employers Council.