FAR 22.2101—Definitions.
Plain-English Summary
FAR 22.2101 is the definitions section for the paid sick leave requirements implemented under Executive Order 13706 and 29 CFR part 13. It tells readers exactly how to interpret the key terms used throughout the subpart, including accrual year, certification issued by a health care provider, employee, health care provider, multiemployer plan, and paid sick leave. The most important practical issue is determining who is covered: the definition of employee is broad and includes people performing work on or in connection with covered contracts, including certain apprentices and trainees, and it applies regardless of the contractual label used by the parties. The section also distinguishes work performed directly on a contract from work performed in connection with a contract, which matters for coverage and compliance. In practice, these definitions control who accrues sick leave, how much leave may be limited in a year, what documentation may be required, and whether a contractor can rely on a multiemployer plan or other compliant arrangement to satisfy obligations under the rule.
Key Rules
Accrual year limits
An accrual year is the 12-month period during which a contractor may cap an employee’s paid sick leave accrual at no less than 56 hours. This definition matters because it sets the annual measurement period for leave accrual and the minimum amount of leave that must be allowed to accumulate.
Health care documentation
A certification issued by a health care provider and the term health care provider have the meanings given in 29 CFR 13.2. These cross-references ensure that documentation and provider qualifications are interpreted consistently with the Department of Labor’s paid sick leave regulations.
Broad employee coverage
Employee includes any person performing work on or in connection with a covered contract whose wages are governed by the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, or the Fair Labor Standards Act, including employees exempt from FLSA minimum wage and overtime rules. Coverage applies regardless of the contractual relationship alleged between the worker and employer.
Apprentices and trainees included
The definition of employee also includes individuals performing work on or in connection with the contract who are individually registered in a bona fide apprenticeship or training program recognized by the Department of Labor or a State Apprenticeship Agency. Contractors must therefore evaluate apprenticeship and training participants for coverage, not assume they are excluded.
On versus in connection with
A worker performs on a contract when directly performing the specific services required by the contract, and performs in connection with a contract when the work is necessary to contract performance but is not itself the contracted service. This distinction helps determine whether a worker falls within the covered employee population.
Multiemployer plan definition
A multiemployer plan is a plan requiring contributions from more than one employer and maintained under one or more collective bargaining agreements between one or more employee organizations and more than one employer. This definition is relevant where contractors use collectively bargained benefit structures that may interact with paid sick leave obligations.
Paid sick leave meaning
Paid sick leave means compensated absence from employment required by Executive Order 13706 and 29 CFR part 13. The term is defined by the governing order and regulation, so contractors must look to those authorities for the substantive rules on accrual, use, carryover, and administration.
Responsibilities
Contracting Officer
Identify when the subpart applies to a solicitation or contract and ensure the contractor understands the paid sick leave requirements that flow from these definitions. The contracting officer should also rely on the regulatory definitions when evaluating coverage questions or contract administration issues.
Contractor
Determine which workers are covered employees, track accrual years, provide paid sick leave as required, and apply the correct definitions when deciding whether a worker performs on or in connection with a covered contract. The contractor must not rely on job titles, independent contractor labels, or other contractual descriptions to avoid coverage.
Subcontractor
Apply the same coverage analysis to its own workforce when performing covered work and ensure workers who meet the definition of employee receive the required paid sick leave. Subcontractors should coordinate with prime contractors where contract flowdown or administration issues affect compliance.
Agency
Administer the rule consistently with the FAR and the incorporated Department of Labor regulations, including using the defined terms when issuing guidance, enforcing compliance, or resolving disputes. The agency should ensure contract clauses and administration practices align with the regulatory definitions.
Employee
Use paid sick leave only in the circumstances and manner allowed by the governing regulations and provide required certification when documentation is requested under the applicable rules. Covered workers should understand that eligibility depends on the regulatory definition, not on how the employer labels the relationship.
Practical Implications
Coverage is broader than many contractors expect, because it reaches workers performing both direct contract work and supporting work necessary to contract performance.
Misclassifying workers as independent contractors, exempt employees, or apprentices outside the rule can create compliance risk if they meet the regulatory definition of employee.
The 56-hour minimum accrual cap tied to the accrual year is a key administration point; contractors need a reliable leave-tracking system.
Documentation requests must be handled using the definitions in the incorporated DOL rules, so contractors should not invent their own standards for medical certification.
Collectively bargained or multiemployer benefit arrangements do not automatically eliminate paid sick leave obligations, so contractors should review how those plans interact with the federal requirement.
Official Regulatory Text
As used in this subpart (in accordance with 29 CFR 13.2 )- Accrual year means the 12-month period during which a contractor may limit an employee's accrual of paid sick leave to no less than 56 hours (see 29 CFR 13.5 (b)(1)). Certification issued by a health care provider has 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 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; and (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. Health care provider 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 .