22.2106
Prohibited acts
Contractors must not interfere with, retaliate against, or fail to maintain records regarding employees' paid sick leave rights under Executive Order 13706.
Overview
FAR 22.2106 outlines specific prohibited acts for contractors regarding paid sick leave under Executive Order 13706 and its implementing regulations (29 CFR Part 13). Contractors are expressly forbidden from interfering with employees' rights to accrue or use paid sick leave, retaliating against employees for exercising their rights, or failing to maintain and provide required records. These prohibitions are enforced through the contract clause at 52.222-62 and are designed to ensure employees working on or in connection with covered federal contracts receive the paid sick leave protections mandated by law.
Key Rules
- Interference with Paid Sick Leave
- Contractors may not prevent or hinder employees from accruing or using paid sick leave as required by law.
- Retaliation and Discrimination
- Contractors may not discharge or discriminate against employees for using paid sick leave, filing complaints, participating in investigations, or informing others of their rights.
- Recordkeeping Violations
- Contractors must maintain and make available all required records for inspection by the Wage and Hour Division, as specified in 29 CFR 13.25.
Responsibilities
- Contracting Officers: Ensure inclusion and enforcement of the clause at 52.222-62 in applicable contracts.
- Contractors: Must not interfere with, retaliate against, or fail to maintain records regarding employees' paid sick leave rights.
- Agencies: Oversee compliance and investigate complaints or violations.
Practical Implications
- This section exists to protect employees' rights to paid sick leave and to ensure contractors uphold these rights without interference or retaliation.
- Contractors must have robust policies and training to avoid prohibited acts and maintain proper documentation.
- Common pitfalls include failing to keep adequate records or taking adverse action against employees who assert their rights.