22.2101
Definitions
FAR 22.2101 defines key terms that determine which employees and leave policies are covered under federal paid sick leave requirements for contractors.
Overview
FAR 22.2101 provides definitions for key terms used in Subpart 22.21, which implements Executive Order 13706 and related Department of Labor regulations requiring paid sick leave for employees working on or in connection with certain federal contracts. These definitions clarify who is considered an employee, what constitutes paid sick leave, and other important concepts such as accrual year, multiemployer plan, and health care provider. Understanding these definitions is essential for contractors to determine their obligations and ensure compliance with paid sick leave requirements under federal contracts.
Key Rules
- Employee Definition
- Broadly defines "employee" to include anyone performing work on or in connection with covered contracts, including those in registered apprenticeship programs and those exempt from FLSA wage and overtime provisions.
- Accrual Year
- Specifies a 12-month period during which paid sick leave accrual is tracked and limited to no less than 56 hours.
- Paid Sick Leave
- Defines paid sick leave as compensated absence required by E.O. 13706 and 29 CFR Part 13.
- Multiemployer Plan
- Explains that this is a benefit plan involving multiple employers and collective bargaining agreements.
- Certification and Health Care Provider
- References Department of Labor definitions for certification and health care provider.
Responsibilities
- Contracting Officers: Must ensure contracts include the correct definitions and apply the requirements to covered employees.
- Contractors: Must use these definitions to identify covered employees and administer paid sick leave in compliance with federal requirements.
- Agencies: Oversee contractor compliance and resolve disputes regarding employee coverage and leave accrual.
Practical Implications
- These definitions are foundational for determining who is eligible for paid sick leave and how it must be administered.
- Misunderstanding or misapplying these definitions can lead to noncompliance, penalties, or disputes.
- Contractors should review these terms carefully when implementing paid sick leave policies for federal contracts.