22.2104
Exclusions
FAR 22.2104 specifies which employees and contracts are excluded from federal paid sick leave requirements, helping contractors focus compliance efforts only where required.
Overview
FAR 22.2104 outlines specific exclusions from the requirements of Subpart 22.21, which implements paid sick leave for federal contractors. This section clarifies which employees and contracts are not subject to the paid sick leave provisions, helping contractors determine their obligations and avoid unnecessary compliance efforts for excluded categories.
Key Rules
- Employees Working Less Than 20% on Covered Contracts
- Employees who spend less than 20% of their workweek on tasks connected to covered contracts are excluded, unless they are directly engaged in the specific work required by the contract during that week.
- Collective Bargaining Agreements (CBAs) Predating September 30, 2016
- Employees covered by CBAs ratified before September 30, 2016, are excluded until the agreement ends or January 1, 2020, if the CBA provides at least 56 hours (or 7 days) of paid sick time per year, or if the contractor makes up the difference to reach this threshold.
- Exercise of Pre-Negotiated Options
- Exercising a pre-negotiated option to renew a contract that does not include FAR clause 52.222-62 does not automatically require the clause to be added, unless the contract qualifies as a "new contract."
Responsibilities
- Contracting Officers: Must determine if exclusions apply before enforcing paid sick leave requirements and ensure contract clauses are included only when required.
- Contractors: Need to assess employee work hours, review CBAs, and confirm whether their contracts and employees are covered or excluded.
- Agencies: Should provide guidance and oversight to ensure proper application of exclusions and compliance with regulations.
Practical Implications
- This section helps contractors avoid unnecessary compliance for excluded employees or contracts, reducing administrative burden.
- Misinterpretation of exclusions can lead to noncompliance or over-compliance, so careful review is essential.
- Contractors should maintain clear records of employee work assignments and CBA terms to support exclusion determinations.