If an Employee Tests Positive for COVID-19
- If one or more employees test positive for COVID-19, implement the following steps immediately:
Reporting Illness
The best way to stop the spread of COVID-19 is to separate those who are ill or test positive from those who are well.
- According to the Public Health Emergency Whistleblower Law (PHEW) employers cannot discipline, cut hours, reduce wages, or fire an employee for asking their options about taking leave, taking time off they are entitled to, or asking about their rights.
- The law also applies to employees working as independent contractors and those who are undocumented.
Resources
- Signage helps establish expectations for employees and customers. Materials for business are available from:
Legal Protections for Employees
Leave for Receiving Vaccine
Under Colorado law, all employees in Colorado have a right to take paid leave from work to be vaccinated for COVID-19. Employees are also entitled to use paid leave if they experience vaccine side effects that prevent them from working. Employers cannot require employees to obtain vaccination appointments outside of work hours.
For more information, employees, employers or others can review the CDLE Division of Labor Standards and Statistics fact sheet, INFO #6B, “2021 Paid Leave under HFWA.”
Medical Leave
If employees have paid medical leave available, they’re more likely to adhere to isolation and quarantine guidance which helps to stop further spread of the virus. The following laws may apply:
- Colorado’s Healthy Families and Workplace Act (HFWA) (Spanish) requires all employers of all sizes to provide up to 80 hours of paid sick leave to employees for COVID-19 reasons, including having COVID-19 symptoms and seeking diagnosis, being required to quarantine or isolate, caring for someone else who is required to quarantine or isolate, or caring for a child due to a COVID-19 school closure. Public-health emergency related leave does not affect an employee’s accrued leave rights.
- The HFWA Paid Sick Leave & Whistleblower information (Spanish) is required to be shared at workplaces, and electronically with remote employees.
Paid Leave, Whistleblowing, & Protective Equipment poster - Posters in other languages are available from the Colorado Department of Labor under “Paid Sick Leave & Whistleblower“
- Under HFWA an employer cannot deny leave that an employee has a right to take and cannot threaten adverse action in retaliation.
- The HFWA Paid Sick Leave & Whistleblower information (Spanish) is required to be shared at workplaces, and electronically with remote employees.
- An employee who has COVID-19 may be entitled to an accommodation under the Americans with Disabilities Act (ADA), such as medical leave if symptoms are serious enough to substantially limit major life activities like breathing and taking care of one’s self. An employer may ask questions or request medical documentation to determine whether the employee has a “disability” as defined by the ADA.
Report a Concern
If an employer is not meeting these requirements report concerns:
- Call the Boulder County Public Health Call Center at 720-776-0822 or
- Complete the online form
Boulder County Public Health staff will determine if there is a public health concern and will follow up with the business or work with law enforcement if needed. If Boulder County Public Health identifies employers who continue to violate employment or COVID-19 requirements, the state will send them a letter reinforcing their responsibilities under the law.
The Colorado Department of Labor and Employment accepts complaints for unpaid paid leave, other earned wages and other violations of Colorado wage and hour law. Workers who have had their rights violated may be entitled to back pay, restitution and reinstatement of their position.
Legal Resources
- Colorado Department of Labor & Employment: Division of Hour and Wage: information about wage and hourly laws, discrimination and retaliation protections
- Guidance to Employers/Businesses Regarding Employee Protections & Reasonable Accommodations Including Masks Due to COVID-19
- Towards Justice nonprofit law firm: on Workplace Safety, Unemployment, Working from Home, Disability, Paid Leave (English & Spanish); online intake form (English/Spanish)
- Boulder County Bar Association Virtual Legal Clinic (Spanish)
Boulder County Public Health cannot provide legal advice and does not endorse any attorney or law firm. Boulder County Public Health is not responsible for the availability of outside resources, nor does Boulder County Public Health endorse, nor is it responsible for, any of the products or services delivered by any outside organization.
