ASA Central Network

communities_1.jpg
  • 1.  Colorado Healthy Families and Workplaces Act - Paid Leave

    2020 Staffing World Attendee
    Posted 07-14-2020 18:48
    Hello, 

    Colorado just had the Healthy Families and Workplaces Act signed into place today, taking effect Jan 2021.

    Beginning January 1, 2021, the act requires all employers in Colorado to provide paid sick leave to their employees, accrued at one hour of paid sick leave for every 30 hours worked, up to a maximum of 48 hours.

    An employee:

    • Begins accruing paid sick leave when the employee's employment begins;
    • May use paid sick leave as it is accrued; and
    • May carry forward and use in subsequent calendar years paid sick leave that is not used in the year in which it is accrued.
    Many states have had this already for years, and I have clients that fight tooth and nail to not pay additional for these things as they consider people our employees. 

    Can anyone provide some insight on how you communicated to your clients and/or handled implementing paid leave for temps?


    ------------------------------
    Leona Willener CSP
    Owner
    Front Range Staffing
    Colorado Springs CO
    (719) 323-6632
    leona@frontrangestaffing.com
    ------------------------------
    Avionte post ad


  • 2.  RE: Colorado Healthy Families and Workplaces Act - Paid Leave

    Posted 07-15-2020 09:24
    Good morning, I hope you're doing well today!

    This is a great question -- your clients are correct in that the temporary worker is your employee and the paid sick leave accrual is indeed the employer's responsibility for this. For instance, the typical policy states X amount of hours worked leads to Y amount of sick time in hours accrued.

    Can anyone provide some insight on how you communicated to your clients 

    Your client's would probably be thinking, "Why would we, who only contributed a few of those hours this worker was employed for, be held responsible for the sick leave time?" With the model set to amount of hours, it doesn't allow the temporary worker to be shortchanged in the scenario that they never work a contract as long as the minimum amount of hours and fall into a legislative loophole. That's the reason behind the policy itself, and should be communicated to resistant parties because we are all people, including the temporary worker just trying to accrue sick leave hours.

    and/or handled implementing paid leave for temps?

    Further communication may not even be necessary, simply rolling that cost into the already calculated burden for placement of a candidate should help tie it into operations. I am unsure if this is something that should even be line-item on an invoice, we sure don't see that happening in typical circumstances.

    However if time clocking isn't accurate, the sick leave cannot be rewarded accurately. This is a great time to assure that all hours are tracked and hold parties accountable for the time. You may actually see a few things that could generate revenue by diving into a normal process like time tracking, as a result of the legislative changes!

    I hope that helps.

    Further reading:
    https://www.rothstaffing.com/marketing/shared/catalog/PDF/WP/WP_CA_Sick_Leave_ULT.pdf
    https://www.innovativeemployeesolutions.com/blog/human-resource-management/temporary-employees-paid-sick-leave/
    https://www.hr.upenn.edu/policies-and-procedures/policy-manual/recruitment-and-staffing/temporary-extra-persons/faq-temporary-worker-paid-sick-leave

    ------------------------------
    RiAnn Bradshaw
    Director of Marketing
    BlueSky Medical Staffing Software
    Nashville TN
    (615) 349-1985
    ------------------------------

    Avionte post ad


  • 3.  RE: Colorado Healthy Families and Workplaces Act - Paid Leave

    Posted 07-16-2020 13:43
    We have had Sick leave in CA for a while.  We first added it as a line item for ACA/Sick Leave Surcharge as a % of all temp billings.  We do not charge a client when the temp actually takes/uses sick leave as we have already billed it out to all clients that this temp has worked for.  We have done this for 3+ years and never had clients complain.  We are phasing out the ACA/Sick leave and are now building it into our temp rates but line item showing it to client seemed to be the best option for us to make the transition.  We also show it as another income line item on our financials and can compare it to what was actually paid out in sick leave each year.

    ------------------------------
    Julie Brown CAC, CSP
    President
    SDI Staffing
    San Diego CA
    (619) 528-8434
    ------------------------------

    Avionte post ad


  • 4.  RE: Colorado Healthy Families and Workplaces Act - Paid Leave

    Posted 07-20-2020 10:15
    I saw this rolled out too.  I was confused on what classifies an employee to reach that 16 employee threshold for 2021.  We are a nationwide firm but our primary office is out of Denver.  We have W2 contractors here in Denver, but also have some in other states.  Does anyone know if that 16 employee threshold covers all W2s we issue since we are HQ'd in Colorado, or only those that reside and/or work in Colorado?

    We offer benefits but no time off, so typically have done the math with contractors on how much higher we put their hourly rate since they won't be receiving paid holidays/PTO.  So I suppose now they will still get the higher rates and some extra time off during the year, but we will need to adjust how we do things now that we have a much higher burden due to this.  Since my other business does more professional IT staffing and not just light industrial temps, I don't think we can just add a line-item surcharge starting next year since the hourly bill rate should be inclusive.  Good ideas on doing that for regular temps though, and we may do the same.

    ------------------------------
    John Snelling
    Owner
    Nextaff - Phoenix
    Phoenix AZ
    ------------------------------

    Avionte post ad


  • 5.  RE: Colorado Healthy Families and Workplaces Act - Paid Leave

    Posted 07-20-2020 12:48

    Hi John:

    Thanks for your post on ASA Central, you pose a very interesting question about the Colorado Healthy Families and Workplaces Act that takes some digging to try and answer.

    The law references the Colorado Wage Act for definitions of Employee and Employer. According to the Wage Act:

    (5) "Employee" means any person, including a migratory laborer, performing labor or services for the benefit of an employer in which the employer may command when, where, and how much labor or services shall be performed. For the purpose of this article, an individual primarily free from control and direction in the performance of the service, both under his or her contract for the performance of service and in fact, and who is customarily engaged in an independent trade, occupation, profession, or business related to the service
    performed is not an "employee".

    (6) "Employer" means every person, firm, partnership, association, corporation, migratory field labor contractor or crew leader, receiver, or other officer of court in Colorado, and any agent or officer thereof, of the above mentioned classes, employing any person in Colorado; except that the provisions of this article shall not apply to the state or its agencies or entities, counties, cities and counties, municipal corporations, quasi-municipal corporations, school districts, and irrigation, reservoir, or drainage conservation companies or districts organized
    and existing under the laws of Colorado.

    (7) "Field labor contractor" means anyone who contracts with an employer to recruit, solicit, hire, or furnish migratory labor for agricultural purposes to do any one or more of the following activities in this state: Hoeing, thinning, topping, sacking, hauling, harvesting, cleaning, cutting, sorting, and other direct manual labor affecting beets, onions, lettuce, potatoes, tomatoes, and other products, fruits, or crops in which labor is seasonal in this state. Such term shall not include a farmer or grower, packinghouse operator, ginner, or warehouseman or any
    full-time regular and year-round employee of the farmer or grower, packinghouse operator, ginner, or warehouseman who engages in such activities, nor shall it include any migratory laborer who engages in such activities with regard to such migratory laborer's own children, spouse, parents, siblings, or grandparents.

    (8) "Fine" means any monetary amount assessed against an employer and payable to the division.

    (9) "Migratory laborer" means any person from within or without the limits of the state of Colorado who offers his or her services to a field labor contractor, whether from within or from without the limits of the state of  Colorado, so that said field labor contractor may enter into a contract with any employer to furnish the services of said migratory laborers in seasonal employment.

    While a migratory laborer clearly includes anyone from the country (and not just from Colorado), those laborers must work for a field labor contractor, which deals with very specific agricultural issues. The general term "employee" makes no reference to bring in or out of state, but the term "employer" does (every person, firm, partnership, association, corporation, migratory field labor contractor or crew leader, receiver, or other officer of court in Colorado, and any agent or officer thereof, of the above mentioned classes, employing any person in Colorado)

    It would seem to be that, based on those definitions, unless the employer in question was working with a field laborer contractor, the employer would only have to count those employees working in Colorado. You should consult with your local attorney and get their thought on that reading as well. 

    Hope this helps, if you have any other questions, please just let me know.

    Thanks
    Toby



    ------------------------------
    Toby Malara Esq.
    Government Affairs Counsel
    American Staffing Association
    Alexandria VA
    (703) 253-2020
    ------------------------------

    Avionte post ad


  • 6.  RE: Colorado Healthy Families and Workplaces Act - Paid Leave

    Posted 07-20-2020 14:06
    Hi Toby,

    Thank you for doing that digging!  I had attempted to do the same, but could not find any other article or source of information that specifically brought up what classifies as an employee for an employer.  But that helps and based on the information you provided, I agree with your assumption as well.

    ------------------------------
    John Snelling
    Owner
    Nextaff - Phoenix
    Phoenix AZ
    ------------------------------

    Avionte post ad