Paid Sick and Safe Leave and Public Health Emergency Leave

The Company provides eligible employees with paid sick and safe leave (“PSSL”) and public health emergency leave (“PHEL”) in accordance with the requirements of Colorado’s Healthy Families and Workplaces Act (“HFWA”).

Eligibility

Colorado employees are eligible to accrue PSSL and may receive additional leave for use during a public health emergency (as defined further below).

Accrual and Use of Paid Sick and Safe Leave (“PSSL”)

Eligible employees will begin to accrue PSSL on their date of hire. PSSL accrues at a rate of one hour for every 30 hours worked, up to a maximum accrual of 48 hours in a single calendar year (the “Benefit Year”). Exempt employees accrue PSSL based on their normal hours worked, up to a maximum of 40 hours per week.

PSSL can be used as it is accrued.

The Company may verify employee hours within the month after work is performed and adjust PSSL accrual amounts to correct any inaccuracy. The Company will notify employees in writing of any such change in accrued PSSL amounts.

PSSL may be used in one-hour increments. Eligible employees may use up to 48 hours of PSSL in any Benefit Year.

Failure to use PSSL in good faith and for the reasons specified in this policy can result in discipline.

Reasons PSSL May be Used

Eligible employees may use PSSL for the following reasons:

a mental or physical illness, injury, or health condition that prevents work;

obtaining either preventive medical care (including a vaccination), or medical diagnosis/care/treatment of any mental or physical illness, injury, or health condition;

being a victim of domestic abuse, sexual assault, or criminal harassment who needs leave for medical attention, mental health care or other counseling, legal or other victim services, or relocation;

caring for a family member who has a mental or physical illness, injury, or health condition, or who needs the sort of care listed in category (2) or (3);

in a public health emergency (as defined below), a public official closed the employee’s workplace, or the school or place of care of the employee’s child;

grieving, funeral/memorial attendance, or financial/legal needs after a death of a family member; or

due to inclement weather, power/heat/water loss, or other unexpected event, the employee must evacuate their residence, or care for a family member whose school or place of care was closed.

Requesting PSSL

The Company will allow use of PSSL for a covered use upon request. Requests can be made orally or in writing (including electronically). When possible, employees should include the expected duration of the absence in their request for leave.

When the need for PSSL is foreseeable, employees must make a good faith effort to provide advance notice of the need for leave and a reasonable effort to schedule the leave in a manner that does not unduly disrupt the Company’s operations. To provide this advance notice of the foreseeable need to use PSSL, employees should contact their Human Resources representative.

Employees are not required to search for or find a replacement worker to cover the hours during which they are using PSSL. The Company will not count employees' use of PSSL in compliance with this policy as an absence when evaluating absenteeism. Therefore, any such use of PSSL will not lead to or result in discipline, demotion, suspension or termination.

Documentation of PSSL

If PSSL is for four or more consecutive workdays (meaning at least four consecutive days that the employee would ordinarily have worked), the Company may request that employees provide reasonable documentation that the PSSL is being used for a permissible purpose. If the documentation submitted by the employee is not sufficient, the Company will notify the employee of the deficiency. The employee will then have seven days to provide documentation that cures the deficiency.

The Company will not require the disclosure of details regarding an employee’s or employee’s family member’s health information or the domestic violence, sexual assault, or stalking that is the basis for the request for leave.

Carryover of PSSL

Employees can carry over up to 48 hours of accrued but unused PSSL from one Benefit Year to the next, but with an overall cap of 48 hours of PSSL per Benefit Year. Therefore, once an employee has a bank of 48 hours of PSSL in a Benefit Year, no additional PSSL will accrue in that year.

The Company does not offer pay in lieu of actual PSSL.

Public Health Emergency Leave (“PHEL”)

In addition to the PSSL described above, employees will be eligible to take supplemental PHEL in accordance with the terms below.

For purposes of this policy, a public health emergency (“PHE”) is:

On the day a PHE is declared, employees will immediately be able to access a one-time supplement of PHEL in addition to whatever amount of PSSL employees have accrued prior to the declaration of the PHE. Employees who normally work forty or more hours in a week will have access to up to 80 hours of total paid leave. Employees who normally work fewer than 40 hours per week will have access to paid leave equaling the greater of the number of hours the employee (a) is scheduled for work or paid leave in the fourteen-day period after the leave request, or (b) actually worked in the fourteen-day period prior to the declaration of the PHE or the leave request (whichever is later).

From the declaration of a PHE until four weeks after the official termination or suspension of the emergency declaration, PHEL can be used for any of the following reasons:

PHEL will become available on the date a PHE is declared and will remain available until four weeks after the official termination or suspension of the PHE. Employees are only eligible for these amounts of PHEL one time during the entirety of a PHE (even if the PHE is extended, amended, restated or prolonged).

During a PHE, employees will continue to accrue PSSL in accordance with this policy. If employees have unused, accrued leave when a need for PHEL occurs, an employer can count the accrued leave as a “credit” toward the total amount of PHEL it must provide. However, employees are allowed to use PHEL before using accrued leave.

When the need for PHEL is foreseeable and the workplace has not been closed, employees must notify the Company of the need for PHEL as soon as practicable. To provide notice of the need to use PHEL, employees should contact their Human Resources representative.

Rate of Pay

PSSL and PHEL are paid at the same hourly rate or salary (not including overtime, bonuses or holiday pay) and with the same benefits, including health care benefits, as the employee normally earns during hours worked. Leave will be paid on the same schedule as regular wages.

The pay rate for leave will be at least the applicable minimum wage. The pay rate will be calculated based upon the employee’s pay over the 30 calendar days prior to taking leave. If an employee has not yet worked 30 calendar days, the longest available period will be used.

Effect on Other Rights and Policies

The Company may provide other forms of leave for employees to care for medical conditions or for issues related to public health emergencies or domestic abuse, sexual assault or harassment under certain federal, state and local laws. In certain situations leave under this policy may run at the same time as leave available under another federal, state or local law, provided eligibility requirements for that law are met. The Company is committed to complying with all applicable laws. Employees should contact their Human Resources representative for information about other federal, state and local medical, victim, PHE or family leave rights.

Confidentiality

The Company will keep confidential the health or safety information of an employee or employee's family member. Such information will not be disclosed except to the affected employee, with the written permission of the affected employee or as otherwise required by law.

Separation from Employment

Compensation for accrued and unused PSSL or available PHEL is not provided upon separation from employment for any reason. If an employee is rehired by the Company within six months of separation from employment, previously accrued but unused PSSL will be immediately reinstated.

Retaliation

Employees have the right to request and use PSSL and PHEL in a manner consistent with the HWFA. The Company will not discriminate or retaliate, or tolerate discrimination or retaliation, against any employee who: seeks or obtains leave in accordance with this policy; files a complaint regarding an alleged violation of the HWFA; participates in an investigation, hearing or proceeding or cooperates in or assists with an investigation related to an alleged violation of the HWFA; informs any person of their potential rights under the HWFA; or otherwise exercises their rights under the HWFA.