The long-awaited Federal Contractor Paid Sick Leave will go into effect on January 1, 2017. Employers will need to be prepared to implement this Paid Sick Leave law and be fully aware of its components. Below are some of the key points that federal contractor employers will want to be aware of.
What Contractors are Covered?
Covered contractors include those with “new contracts” or those who subcontract with the federal government that (1) is a procurement contract for construction covered by the Davis Bacon Act; (2) a contract for services covered by the McNamara-O’Hara Service Contract Act; (3) contracts for concessions (such as a concession stand in a federal park); or (4) a contract in connection providing services on federal property and lands to federal employees, their dependents or the general public. A contract is considered a “new contract” if it is entered on or after January 1, 2017,
What Employers Must Know
- Time accrues at a rate one hour per 30 hours worked, which equates to seven days per year for a full-time employee.
- The law covers both part-time and full-time workers.
- Hours carry over from year-to-year.
- Employers may not limit accrual of hours to less than 56.
- Accrued and unused hours will be reinstated to employees rehired by a covered contractor within 12 months of a job separation.
- Employees must be able to use accrued sick leave for absences resulting from physical or mental illness, injury, or other health related condition. This includes obtaining diagnosis, care or preventive care from a healthcare provider.
- Employees must also be able to use time to care for “close associations,” such as blood relatives or partners who are injured, ill, or seeking care from a health care provider. It also covers caring for those family members who suffer from domestic violence, sexual assault and stalking.
- Employees cannot be required to find a replacement to cover work time they will miss.
- Paid sick leave must be granted upon oral or written requests that include expected duration of the leave, and made at least 7 days in advance where feasibly possible.
- Contractors are not be required to “pay out” unused, accrued sick leave upon separation of employment.
- Employers cannot interfere with, or in any other manner discriminate against, an employee who requests or uses accrued paid sick leave hours.
- Employers are permitted to require a certification issued by a health care provider or other appropriate documentation if the sick leave lasted for three or more consecutive full workdays. Contractors may only require certification or documentation after informing the employee of the requirement before the employee returns from leave.
A mandatory posting notice for all federal contractors is currently available. Also, plan ahead for all of your 2017 labor law compliance needs and visit us at Labor Law Center.
