The Healthy Families and Workplaces Act (HFWA) introduces changes to paid sick and family leave that will impact Colorado employers in potentially significant ways. Also, the new law codifies whistleblower protections for workers who raise concerns about workplace safety related to a public health emergency, potentially spawning a wave of future lawsuits.
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The Families First Coronavirus Response Act (“FFCRA”) goes into effect today, April 1, 2020, and applies to leave taken between April 1, 2020 and December 31, 2020. The FFCRA expands certain medical leave rights previously established by the Family and Medical Leave Act (“E-FMLA”) to provide up to twelve (12) weeks of paid, job-protected leave for employees with school closure or childcare coverage issues related to the current coronavirus pandemic. The FFCRA also provides for two (2) weeks of paid sick leave under the Emergency Paid Sick Leave Act (“E-PSLA”) for certain COVID-19-related reasons (the E-FMLA and E-PSLA are collectively referred to as “Expanded Leave”).[1] However, employers who employ “health care providers” may, but are not required to, exempt these individuals from Expanded Leave. Most, if not all, of a hospice’s employees will fall within the broad definition of “health care provider.” Therefore, hospices will need to evaluate who of its employees it will exempt or not, being certain to treat similarly situated employees equally and to consider the potential impact to its workforce.
Continue Reading COVID-19 Hospice How-To Series: Application of the FFCRA “Health Care Provider” Exemption to Hospices
The Austin City Council is scheduled to vote Thursday, February 15 on a proposed city ordinance which would require all private businesses in the city to offer employees at least 8 paid sick days (or 64 sick leave hours) annually.
Under the proposed ordinance, employees would accrue 1 hour of paid sick leave for every 30 hours worked, with the ability to start using the sick leave as soon as it is earned. If passed, eligible workers would be able to use sick time if they are hurt or ill, need to care for a family member who is injured or sick, require medical attention or have a doctor’s appointment for preventative care, among other things. If an employee does not utilize all earned sick leave during the applicable year, any accrued, unused leave may be “rolled over” to the next year.
Continue Reading Austin City Council to Consider Mandatory Paid Sick Leave