Last week, President Obama issued an Executive Order mandating paid sick leave for workers of federal contractors. The Order applies to federal contracts effective on or after January 1, 2017.
Under the Order,
- employees must earn up to 7 days of paid sick leave annually;
- employees must earn not less than 1 hour of paid sick leave for every hour worked;
- the limit on total accrued sick leave may not be less than 56 hours;
- paid sick leave must carry over from year to year;
- use of the leave cannot be contingent on a worker finding a replacement for the time out;
- the leave must be provided upon the employee’s oral or written request that includes the expected duration of the leave, made 7 days in advance when the leave is foreseeable and otherwise as soon as practical;
- the employer cannot request a note from a medical provider unless the leave is 3 or more consecutive days;
- if the leave is for 3 or more consecutive days for domestic violence, sexual assault or stalking, the employer may ask for documentation as to why an absence from work is necessary;
- the accrued leave does not need to be paid out upon termination of employment; and
- an employer cannot retaliate against an employee for taking leave.
Leave must be available for the employee to care for him/herself or for a child, parent, spouse, domestic partner or other blood relative. The leave applies when an employee needs to obtain a medical diagnosis, or to receive care or preventive care from a health care provider. The leave also applies to absences from work resulting from domestic violence, sexual assault or stalking, or when an employee obtains counseling, seeks relocation, seeks assistance from a victim services organization or takes related legal action.
Regulations will be issued before the order takes effect.
