Under state law – California Family Rights Act (CFRA) – an employer may not “interfere with, restrain, or deny the exercise of, or the attempt to exercise,” an employee’s right to take protected leave under the statute.  Under federal law – Family Medical Leave Act (FMLA) – a similar mandate applies making it unlawful for an employer “to interfere with, restrain, or deny” FMLA rights.  Interference covers a wide breadth of conduct having the same effect; eliciting a belief in the reasonable employee that the taking of leave is discouraged.

Teresa McQueen

On April 12, 2022, the U.S. Department of Health and Human Services (HHS) extended its determination that a public emergency still exists due to COVID-19. As a result, the Colorado Healthy Families and Workplaces Act (HFWA) requirement to supplement employees’ regular paid sick leave relevant to a public health emergency will also remain in effect; at least until August 13, 2022. In accordance with the HFWA, supplemental paid sick leave will continue “until four weeks after the official termination or suspension of the public health emergency” by HHS.

Teresa McQueen


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