Obama Signs Executive Order Requiring Paid Sick Leave for Federal Contractor Employees | Practical Law

Obama Signs Executive Order Requiring Paid Sick Leave for Federal Contractor Employees | Practical Law

The President has signed an Executive Order requiring federal contractors to offer their employees up to seven days of paid sick leave per year.

Obama Signs Executive Order Requiring Paid Sick Leave for Federal Contractor Employees

by Practical Law Labor & Employment
Law stated as of 30 Sep 2016 • USA (National/Federal)
The President has signed an Executive Order requiring federal contractors to offer their employees up to seven days of paid sick leave per year.
On September 7, 2015, the White House announced that the President signed an Executive Order requiring federal contractors to offer their employees up to seven days of paid sick leave per year, including paid leave allowing for family care (80 Fed. Reg. 54697 (Sept. 10, 2015)).
The Executive Order will allow approximately 300,000 people working on federal contracts to earn up to seven days of paid sick leave each year. Workers will accrue a minimum of one hour of paid sick leave for every 30 hours worked. A contractor may not set a limit on the total accrual of paid sick leave at less than 56 hours. Contractors are free to offer more generous amounts of leave at their discretion.
Workers may use the paid sick leave for:
  • Physical or mental illness, injury, or medical condition.
  • Obtaining diagnosis, care, or preventive care from a health care provider.
  • Caring for:
    • a child;
    • a parent;
    • a spouse;
    • a domestic partner; or
    • any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.
  • Absences resulting from:
    • domestic violence;
    • sexual assault; or
    • stalking.
Paid sick leave accrued under this Executive Order shall:
  • Carry over from one year to the next.
  • Be reinstated for employees rehired by a covered contractor within 12 months after a job separation.
The use of paid sick leave cannot be made contingent on the requesting employee finding a replacement to cover any missed work time. Paid sick leave shall be provided on oral or written request of an employee that:
  • Includes the expected duration of the leave.
  • Is made at least seven calendar days in advance, where the need for the leave is foreseeable, and in other cases as soon as is practicable.
Certification may be required, depending on the purpose and duration of the leave taken.
This Executive Order is effective immediately and shall apply to covered contracts beginning January 1, 2017. The Secretary of Labor will issue regulations necessary and appropriate to carry out this Executive Order by September 30, 2016.
UPDATE: On September 29, 2016, the DOL announced a final rule requiring federal contractors to provide workers access to paid sick leave. The final rule implements Executive Order 13706, and applies to all covered contracts solicited and awarded on or after Jan. 1, 2017.