22.2102
Policy
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.