22.2107
Waiver of rights
Employees’ rights to paid sick leave under E.O. 13706 and 29 CFR Part 13 cannot be waived, and contractors must not attempt to induce such waivers.
Overview
FAR 22.2107 prohibits both employees and contractors from waiving rights provided under Executive Order 13706 and 29 CFR Part 13, which establish paid sick leave requirements for federal contractors. Contractors are specifically forbidden from inducing or encouraging employees to relinquish these rights, ensuring that the protections for paid sick leave remain intact and enforceable. This section reinforces the non-waivable nature of these statutory and regulatory rights, regardless of any agreement or arrangement between the contractor and employee.
Key Rules
- Non-Waiver of Rights
- Employees cannot waive their rights to paid sick leave under E.O. 13706 or 29 CFR Part 13.
- Prohibition on Contractor Inducement
- Contractors are prohibited from inducing or encouraging employees to waive these rights in any manner.
Responsibilities
- Contracting Officers: Must ensure contract clauses reflect the non-waivable nature of paid sick leave rights and monitor compliance.
- Contractors: Must not request, require, or induce employees to waive their paid sick leave rights and must honor all entitlements.
- Agencies: Should provide oversight and address any violations or complaints regarding waivers of rights.
Practical Implications
- This section exists to protect employees’ statutory rights to paid sick leave, preventing contractors from circumventing the law through waivers or agreements.
- Contractors must be vigilant in their HR practices and communications to avoid any suggestion that employees can give up these rights.
- Violations can lead to contract penalties, investigations, or other enforcement actions.