22.2102 Policy
Source: FAR 22.2102 on acquisition.gov
Federal contractors must provide paid sick leave to covered employees in accordance with E.O. 13706, without reducing any greater leave rights provided by other laws or agreements.
Overview
FAR 22.2102 establishes the policy that federal contractors must allow employees working on or in connection with covered contracts to accrue and use paid sick leave as mandated by Executive Order (E.O.) 13706 and 29 CFR Part 13. This section clarifies that these requirements do not override any other federal, state, or local laws, or collective bargaining agreements that provide greater sick leave benefits. Contractors may use their own paid time off (PTO) policies to meet these requirements, provided those policies are at least as generous as the E.O. 13706 standards. The responsibility for compliance lies with the contractor, while the Department of Labor is responsible for enforcement.
Key Rules
- Paid Sick Leave Requirement
- Contractors must allow eligible employees to accrue and use paid sick leave as specified by E.O. 13706 and 29 CFR Part 13.
- Interaction with Other Laws
- The regulation does not supersede or excuse compliance with other laws or agreements that provide greater leave rights.
- Use of PTO Policies
- Contractors can satisfy the requirement through their own PTO policies if those policies meet or exceed the federal standard.
- Compliance and Enforcement
- Contractors are responsible for compliance; the Department of Labor enforces these requirements.
Responsibilities
- Contracting Officers: Ensure contract clauses implementing E.O. 13706 are included in applicable contracts.
- Contractors: Provide and administer paid sick leave in accordance with E.O. 13706, ensure PTO policies are compliant, and adhere to all applicable laws.
- Agencies: Oversee contract compliance and cooperate with Department of Labor enforcement actions.
Practical Implications
- This policy ensures federal contract workers have access to paid sick leave, improving workforce health and stability.
- Contractors must carefully review and, if necessary, update their leave policies to ensure compliance with both federal and more generous state/local or collectively bargained requirements.
- Failure to comply can result in enforcement actions by the Department of Labor, including potential contract penalties.
(a) The Government shall require contractors to allow employees performing work on or in connection with a contract covered by E.O. 13706 to accrue and use paid sick leave in accordance with the E.O. and 29 CFR Part 13.
(b) Interaction with other laws. Nothing in E.O. 13706 or 29 CFR Part 13 shall excuse noncompliance with or supersede any applicable Federal or State law, any applicable law or municipal ordinance, or a collective bargaining agreement requiring greater paid sick leave or leave rights than those established under E.O. 13706 and 29 CFR Part 13. For additional details regarding interaction with the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, the Family and Medical Leave Act, and State and local paid sick time laws, see 29 CFR 13.5(f)(2) through (4).
(c) Interaction with paid time off policies. In accordance with 29 CFR 13.5(f)(5)(i), the paid sick leave requirements of E.O. 13706 and 29 CFR Part 13 may be satisfied by a contractor's voluntary paid time off policy, whether provided pursuant to a collective bargaining agreement or otherwise, where the voluntary paid time off policy meets or exceeds the requirements. For additional details regarding paid time off policies, see 29 CFR 13.5(f)(5)(ii) and (iii).
(d) Unless otherwise provided in this subpart, compliance is the responsibility of the contractor, and enforcement is the responsibility of the Department of Labor.