![]() PHEW provides whistleblower protections for both employees and contractors who voice concerns about public health issues in their workplace. This law mandates that all employers and businesses with more than 5 independent contractors must now expand their whistleblower protections. Key Focus: Personal Protective Equipment in the Workplace & Protecting Whistleblowers Who Is Affected? What Is PHEW & How Does It Impact My Business? What If My Business Is Closed?īusinesses that are closed, either permanently or temporarily, are not subject to HFWA as employees of such companies are considered either laid-off or terminated. The act clearly states that employers are not allowed to take any adverse action against employees that choose to take leave under the act. Though the types of leave and documentation requirements outlined in this new law also mirror those found in the FFCRA, this new piece of legislation mandates that employers cannot deny leave simply because an employee is unable to provide immediate documentation that states the reason for their leave. ![]() However, employers with more than 500 employees are not eligible for reimbursement and must absorb the entire cost of HFWA paid leave. Covering the Cost of LeaveĬompanies with less than 500 employees can claim the FFCRA credit to reimburse their leave-associated costs. However, leave provided for non-COVID-19 reasons does not count towards the HFWA mandated minimum. If an employee has already taken paid leave in 2020 for COVID-19 related reasons that paid leave counts towards the two weeks of paid leave required by HFWA. What if an Employee Has Already Taken Paid Leave Related to COVID-19? If an employee’s pay is all or partially sales-based (commission), the employee must be paid either their hourly or salaried rate or at the applicable minimum wage (whichever is higher). This leave pay rate does not include overtime or bonuses. This paid leave is to be paid out at the employee’s regular pay rate if they have COVID-19 symptoms or have been instructed to quarantine or isolate or at 2/3rds of their usual rate if they are caring for someone else. How Much Paid Leave Are Employees Entitled To & At What Pay Rate?Įmployees are entitled to up to two (2) weeks (or 80 hours) of paid leave. While the federal act did offer some exceptions, this new piece of legislation passed by Governor Polis offers extremely limited exceptions. This leave plan must mirror the requirements of the Families First Coronavirus Response Act.
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