52.222-62 Paid Sick Leave Under Executive

Order 13706.

As prescribed at 22.2110 , insert the following clause:

Paid Sick Leave Under Executive Order 13706 (Jan 2022)

(a) Definitions. As used in this clause (in accordance with 29 CFR 13.2)-

Child, "domestic partner", and "domestic violence" have the meaning given in 29 CFR 13.2.

Employee–

(1)

(i) Means any person engaged in performing work on or in connection with a contract covered by

Executive Order (E.O.) 13706; and

(A) Whose wages under such contract are governed by the Service Contract Labor Standards statute

(41 U.S.C. chapter 67), the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31,

subchapter IV), or the Fair Labor Standards Act (29 U.S.C. chapter 8);

(B) Including employees who qualify for an exemption from the Fair Labor Standards Act's minimum

wage and overtime provisions;

(C) Regardless of the contractual relationship alleged to exist between the individual and the

employer; and

(ii) Includes any person performing work on or in connection with the contract and individually

registered in a bona fide apprenticeship or training program registered with the Department of

Labor's Employment and Training Administration, Office of Apprenticeship, or with a State

Apprenticeship Agency recognized by the Office of Apprenticeship.

(2)

(i) An employee performs "on" a contract if the employee directly performs the specific services

called for by the contract; and

(ii) An employee performs "in connection with" a contract if the employee's work activities are

necessary to the performance of a contract but are not the specific services called for by the

contract.

Individual related by blood or affinity whose close association with the employee is the equivalent of

a family relationship has the meaning given in 29 CFR 13.2.

Multiemployer plan means a plan to which more than one employer is required to contribute and

which is maintained pursuant to one or more collective bargaining agreements between one or more

employee organizations and more than one employer.
Paid sick leave means compensated absence from employment that is required by E.O. 13706 and 29

CFR Part 13.

Parent, "sexual assault", "spouse", and "stalking" have the meaning given in 29 CFR 13.2.

United States means the 50 States and the District of Columbia.

(b) Executive Order 13706.

(1) This contract is subject to E.O. 13706 and the regulations issued by the Secretary of Labor in 29

CFR Part 13 pursuant to the E.O.

(2) If this contract is not performed wholly within the United States, this clause only applies with

respect to that part of the contract that is performed within the United States.

(c) Paid sick leave. The Contractor shall-

(1) Permit each employee engaged in performing work on or in connection with this contract to earn

not less than 1 hour of paid sick leave for every 30 hours worked;

(2) Allow accrual and use of paid sick leave as required by E.O. 13706 and 29 CFR Part 13;

(3) Comply with the accrual, use, and other requirements set forth in 29 CFR 13.5 and 13.6, which

are incorporated by reference in this contract;

(4) Provide paid sick leave to all employees when due free and clear and without subsequent

deduction (except as otherwise provided by 29 CFR 13.24), rebate, or kickback on any account;

(5) Provide pay and benefits for paid sick leave used no later than one pay period following the end

of the regular pay period in which the paid sick leave was taken; and

(6) Be responsible for the compliance by any subcontractor with the requirements of E.O. 13706, 29

CFR Part 13, and this clause.

(d) Contractors may fulfill their obligations under E.O. 13706 and 29 CFR Part 13 jointly with other

contractors through a multiemployer plan, or may fulfill their obligations through an individual fund,

plan, or program (see 29 CFR 13.8).

(e) Withholding. The Contracting Officer will, upon his or her own action or upon written request of

an authorized representative of the Department of Labor, withhold or cause to be withheld from the

Contractor under this or any other Federal contract with the same Contractor, so much of the

accrued payments or advances as may be considered necessary to pay employees the full amount

owed to compensate for any violation of the requirements of E.O. 13706, 29 CFR Part 13, or this

clause, including-

(1) Any pay and/or benefits denied or lost by reason of the violation;

(2) Other actual monetary losses sustained as a direct result of the violation; and

(3) Liquidated damages.

(f) Payment suspension/contract termination/contractor debarment.
(1) In the event of a failure to comply with E.O. 13706, 29 CFR Part 13, or this clause, the

contracting agency may, on its own action or after authorization or by direction of the Department of

Labor and written notification to the Contractor take action to cause suspension of any further

payment, advance, or guarantee of funds until such violations have ceased.

(2) Any failure to comply with the requirements of this clause may be grounds for termination for

default or cause.

(3) A breach of the contract clause may be grounds for debarment as a contractor and subcontractor

as provided in 29 CFR 13.52.

(g) The paid sick leave required by E.O. 13706, 29 CFR Part 13, and this clause is in addition to the

Contractor's obligations under the Service Contract Labor Standards statute and Wage Rate

Requirements (Construction) statute, and the Contractor may not receive credit toward its

prevailing wage or fringe benefit obligations under those Acts for any paid sick leave provided in

satisfaction of the requirements of E.O. 13706 and 29 CFR Part 13.

(h) Nothing in E.O. 13706 or 29 CFR Part 13 shall excuse noncompliance with or supersede any

applicable Federal or State law, any applicable law or municipal ordinance, or a collective

bargaining agreement requiring greater paid sick leave or leave rights than those established under

E.O. 13706 and 29 CFR Part 13.

(i) Recordkeeping.

(1) The Contractor shall make and maintain, for no less than three (3) years from the completion of

the work on the contract, records containing the following information for each employee, which the

Contractor shall make available upon request for inspection, copying, and transcription by

authorized representatives of the Administrator of the Wage and Hour Division of the Department of

Labor:

(i) Name, address, and social security number of each employee.

(ii) The employee's occupation(s) or classification(s).

(iii) The rate or rates of wages paid (including all pay and benefits provided).

(iv) The number of daily and weekly hours worked.

(v) Any deductions made.

(vi) The total wages paid (including all pay and benefits provided) each pay period.

(vii) A copy of notifications to employees of the amount of paid sick leave the employee has accrued,

as required under 29 CFR 13.5(a)(2).

(viii) A copy of employees' requests to use paid sick leave, if in writing, or, if not in writing, any other

records reflecting such employee requests.

(ix) Dates and amounts of paid sick leave taken by employees (unless the Contractor's paid time off

policy satisfies the requirements of E.O. 13706 and 29 CFR Part 13 as described in 29 CFR

13.5(f)(5), leave shall be designated in records as paid sick leave pursuant to E.O. 13706).

(x) A copy of any written responses to employees' requests to use paid sick leave, including
explanations for any denials of such requests, as required under 29 CFR 13.5(d)(3).

(xi) Any records reflecting the certification and documentation the Contractor may require an

employee to provide under 29 CFR 13.5(e), including copies of any certification or documentation

provided by an employee.

(xii) Any other records showing any tracking of or calculations related to an employee's accrual or

use of paid sick leave.

(xiii) The relevant contract.

(xiv) The regular pay and benefits provided to an employee for each use of paid sick leave.

(xv) Any financial payment made for unused paid sick leave upon a separation from employment

intended, pursuant to 29 CFR 13.5(b)(5), to relieve the Contractor from the obligation to reinstate

such paid sick leave as otherwise required by 29 CFR 13.5(b)(4).

(2)

(i) If the Contractor wishes to distinguish between an employee’s covered and noncovered work, the

Contractor shall keep records or other proof reflecting such distinctions. Only if the Contractor

adequately segregates the employee's time will time spent on noncovered work be excluded from

hours worked counted toward the accrual of paid sick leave. Similarly, only if the Contractor

adequately segregates the employee's time may the Contractor properly refuse an employee's

request to use paid sick leave on the ground that the employee was scheduled to perform

noncovered work during the time he or she asked to use paid sick leave.

(ii) If the Contractor estimates covered hours worked by an employee who performs work in

connection with contracts covered by the E.O. pursuant to 29 CFR 13.5(a)(i) or (iii), the Contractor

shall keep records or other proof of the verifiable information on which such estimates are

reasonably based. Only if the Contractor relies on an estimate that is reasonable and based on

verifiable information will an employee's time spent in connection with noncovered work be

excluded from hours worked counted toward the accrual of paid sick leave. If the Contractor

estimates the amount of time an employee spends performing in connection with contracts covered

by the E.O., the Contractor shall permit the employee to use his or her paid sick leave during any

work time for the Contractor.

(3) In the event the Contractor is not obligated by the Service Contract Labor Standards statute, the

Wage Rate Requirements (Construction) statute, or the Fair Labor Standards Act to keep records of

an employee's hours worked, such as because the employee is exempt from the Fair Labor

Standards Act's minimum wage and overtime requirements, and the Contractor chooses to use the

assumption permitted by 29 CFR 13.5(a)(1)(iii), the Contractor is excused from the requirement in

paragraph (i)(1)(iv) of this clause and 29 CFR 13.25(a)(4) to keep records of the employee's number

of daily and weekly hours worked.

(4)

(i) Records relating to medical histories or domestic violence, sexual assault, or stalking, created for

purposes of E.O. 13706, whether of an employee or an employee's child, parent, spouse, domestic

partner, or other individual related by blood or affinity whose close association with the employee is

the equivalent of a family relationship, shall be maintained as confidential records in separate
files/records from the usual personnel files.

(ii) If the confidentiality requirements of the Genetic Information Nondiscrimination Act of 2008

(GINA), section 503 of the Rehabilitation Act of 1973, and/or the Americans with Disabilities Act

(ADA) apply to records or documents created to comply with the recordkeeping requirements in this

contract clause, the records and documents shall also be maintained in compliance with the

confidentiality requirements of the GINA, section 503 of the Rehabilitation Act of 1973, and/or ADA

as described in 29 CFR 1635.9, 41 CFR 60-741.23(d), and 29 CFR 1630.14(c)(1), respectively.

(iii) The Contractor shall not disclose any documentation used to verify the need to use 3 or more

consecutive days of paid sick leave for the purposes listed in 29 CFR 13.5(c)(1)(iv) (as described in

29 CFR 13.5(e)(1)(ii)) and shall maintain confidentiality about any domestic abuse, sexual assault, or

stalking, unless the employee consents or when disclosure is required by law.

(5) The Contractor shall permit authorized representatives of the Wage and Hour Division to conduct

interviews with employees at the worksite during normal working hours.

(6) Nothing in this contract clause limits or otherwise modifies the Contractor's recordkeeping

obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate

Requirements (Construction) statute, the Fair Labor Standards Act, the Family and Medical Leave

Act, E.O. 14026, their respective implementing regulations, or any other applicable law.

(j) Interference/discrimination.

(1) The Contractor shall not in any manner interfere with an employee's accrual or use of paid sick

leave as required by E.O. 13706 or 29 CFR Part 13. Interference includes, but is not limited to-

(i) Miscalculating the amount of paid sick leave an employee has accrued;

(ii) Denying or unreasonably delaying a response to a proper request to use paid sick leave;

(iii) Discouraging an employee from using paid sick leave;

(iv) Reducing an employee's accrued paid sick leave by more than the amount of such leave used;

(v) Transferring an employee to work on contracts not covered by the E.O. to prevent the accrual or

use of paid sick leave;

(vi) Disclosing confidential information contained in certification or other documentation provided to

verify the need to use paid sick leave; or

(vii) Making the use of paid sick leave contingent on the employee's finding a replacement worker or

the fulfillment of the Contractor's operational needs.

(2) The Contractor shall not discharge or in any other manner discriminate against any employee

for–

(i) Using, or attempting to use, paid sick leave as provided for under E.O. 13706 and 29 CFR Part 13;

(ii) Filing any complaint, initiating any proceeding, or otherwise asserting any right or claim under

E.O. 13706 and 29 CFR Part 13;

(iii) Cooperating in any investigation or testifying in any proceeding under E.O. 13706 and 29 CFR
Part 13; or

(iv) Informing any other person about his or her rights under E.O. 13706 and 29 CFR Part 13.

(k) Notice. The Contractor shall notify all employees performing work on or in connection with a

contract covered by the E.O. of the paid sick leave requirements of E.O. 13706, 29 CFR Part 13, and

this clause by posting a notice provided by the Department of Labor in a prominent and accessible

place at the worksite so it may be readily seen by employees. Contractors that customarily post

notices to employees electronically may post the notice electronically, provided such electronic

posting is displayed prominently on any website that is maintained by the Contractor, whether

external or internal, and customarily used for notices to employees about terms and conditions of

employment.

(l) Disputes concerning labor standards. Disputes related to the application of E.O. 13706 to this

contract shall not be subject to the general disputes clause of the contract. Such disputes shall be

resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Part 13.

Disputes within the meaning of this contract clause include disputes between the Contractor (or any

of its subcontractors) and the contracting agency, the Department of Labor, or the employees or

their representatives.

(m) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph

(m), in all subcontracts, regardless of dollar value, that are subject to the Service Contract Labor

Standards statute or the Wage Rate Requirements (Construction) statute, and are to be performed in

whole or in part in the United States.

(End of clause)

Parent topic: 52.222 [Reserved]