The Colorado Department of Personnel & Administration, Division of Human Resources has issued emergency administrative procedures regarding the Personnel Director's Administrative Procedures, Chapters 3 and 5 pursuant to Governor Polis issuing Executive Order 2020 003 regarding the COVID-19 virus.
The Emergency Administrative Procedures are effective March 13, 2020
Please note that emergency administrative procedures expire in 120 days.
- Emergency Administrative Procedures
Provided below are the emergency administrative procedures effective March 13, 2020, you can also view a pdf version here.
STATE PERSONNEL BOARD RULES AND PERSONNEL DIRECTOR’S ADMINISTRATIVE PROCEDURES EMERGENCY RULES 4 CCR 801-1
Preamble
Unless otherwise noted in a specific provision, the entire body of State Personnel Board Rules were repealed and new permanent rules were adopted by the State Personnel Board on April 19, 2005, pursuant to a Statement of Basis and Purpose dated April 19, 2005. The entire body of the State Personnel Director's Administrative Procedures were repealed and new permanent procedures were adopted by the State Personnel Director on May 5, 2005, pursuant to a Statement of Basis and Purpose dated May 5, 2005. Such rules and procedures were effective Jul y 1, 2005.
This version reflects an emergency rulemaking by the State Personnel Director as follows: 3 -49, D.4.; 5-39; 5-40; 5-41. These emergency administrative procedures are effective March 13, 2020 and are in effect for 120 days.
Chapter 3 – Compensation Other Premium Pay
3-49. Discretionary Pay Differentials.
- D. Temporary pay differential
- 4. During the declared COVID-19 emergency, when it is necessary to assign employees to undesirable working conditions, and maintaining appropriate staffing levels is critical to the mission and operations of the organization.
Chapter 5 – Time Off Disaster Emergency
5.39. Temporary employees, paid directly by the state and not through a third party vendor, who are absent
from work due to COVID-19-like symptoms or because they are quarantined because of COVID-19, may receive paid administrative leave at the approval of the appointing authority. The paid leave ends when the temporary employee receives a negative COVID-19 test result or is otherwise deemed safe to return to work. If the employee tests positive for COVID-19 they will remain on administrative leave until they are able to return to work.5.40. Employees, including temporary employees paid directly by the state and not through a third party vendor, who are absent from work due to COVID-19-like symptoms for three or more consecutive days shall complete the Employee Self-Certification Form in lieu of a medical certificate form.
5-41. In the event that daycares, schools or other care services are closed for preventative measures related to COVID-19, impacted employees must first work with their supervisor to determine if working from home or a schedule adjustment will allow them to continue working. If these measures do not allow for the employee to continue to work, then employees may use any accrued leave to care for their family members, including domestic partners, in-laws and step relatives. Special consideration will be given to any other person whose association with the employee is similar to that of a family member.
- Justification
Download PDF version of Justification
March 13, 2020
Emergency Rulemaking Justification
State of Disaster Emergency. On March 10, 2020, Colorado Governor Jared Polis declared a State of Disaster Emergency as the number of identified coronavirus COVID-19 cases in Colorado and in the United States increased, and announced numerous emergency measures to protect public health and safety, including directing that immediate emergency rulemaking be initiated.
In light of Executive Order 2020 003, II, I-J the need exists to provide continuity of government operations that require certain staffing levels to obtain safe and effective results. The State Personnel Director is promulgating these emergency rules governing state workers who may be subject to quarantine or isolation, the reasons that temporary pay differentials may be used, the level of leave benefits that may be offered to temporary employees paid directly by the state and not through a third party vendor, and the use of a self-certification form in lieu of a medical certification form or doctor's note for sick leave absences in excess of three days as set forth in C.R.S. §24-50-104(7)(a).
The State Personnel Director is exercising her rulemaking authority as granted under one or more of the following: Executive Order 2020 003; 24-33.5-701 et seq, C.R.S; Article XII of the Colorado Constitution.
This emergency rule shall go into effect March 13, 2020. Pursuant to the Administrative Procedures Act C.R.S. §24-4-103(6), an emergency rule can only be in effect for a maximum of 120 days.
Kara Veitch, State Personnel Director Department of Personnel & Administration