FAR 22.2105—Paid sick leave for Federal contractors and subcontractors.
Plain-English Summary
FAR 22.2105 implements the paid sick leave requirements that apply to covered federal contractors and subcontractors under Executive Order 13706 and the Department of Labor’s regulations at 29 CFR part 13. This section addresses how sick leave accrues, how contractors may use an alternative frontloading method, the maximum annual accrual and maximum available balance, carryover from year to year, reinstatement of leave after rehire, and when unused leave may or may not be paid out at separation. It also covers employee use of leave, the process for requesting leave, and the limited circumstances in which a contractor may require certification or other documentation for absences of three or more consecutive full workdays. In practice, this rule is about ensuring covered workers can earn and use paid sick leave for the protected purposes in the DOL regulations while giving contractors some flexibility in administration. Contractors must track hours worked on or in connection with covered contracts, maintain accurate leave records, provide required notices, and apply the leave rules consistently. Contracting officers should understand that compliance is driven by the clause at 52.222-62 and the incorporated DOL rules, so contract administration and labor compliance issues can arise quickly if leave policies are not aligned with the regulation.
Key Rules
Accrual at one hour per 30
Covered employees must accrue not less than 1 hour of paid sick leave for every 30 hours worked on or in connection with a covered contract. Contractors must base accrual on covered work hours and provide written notice of accrued but unused leave at least once each pay period or month, whichever is shorter, and also upon separation and reinstatement.
Frontloading is allowed
Instead of tracking accrual over time, a contractor may provide at least 56 hours of paid sick leave at the beginning of each accrual year. If the contractor uses this method, it must still comply with the use, carryover, and other applicable requirements in the DOL rules.
Annual limits and carryover
A contractor may cap annual accrual at not less than 56 hours per accrual year and may also limit the amount available for use at any point to not less than 56 hours. However, accrued paid sick leave must carry over from one accrual year to the next, and carried-over leave does not count against the annual accrual cap.
Reinstatement after rehire
If an employee is rehired by the same contractor within 12 months after separation, the contractor must reinstate the employee’s accrued paid sick leave. If the contractor pays out unused leave at separation in an amount equal to or greater than the value the employee would have received had the leave been used, the contractor is relieved of the reinstatement obligation upon rehire within 12 months.
No required payout at separation
The rule does not require contractors to cash out unused paid sick leave when employment ends. Any payout is optional unless another law, policy, or agreement requires it, but a qualifying payout can eliminate the need to reinstate leave upon rehire within 12 months.
Leave may be used for protected purposes
Contractors must permit employees to use paid sick leave in accordance with 29 CFR 13.5(c), which defines the covered reasons for leave. The FAR section itself does not restate every qualifying purpose, but it incorporates those DOL use rules by reference.
Employee request standard
An employee may request leave orally or in writing, and the request only needs enough information to show the employee is seeking to be absent for a covered purpose and, when reasonably feasible, the anticipated duration. Contractors may not impose overly burdensome request procedures that conflict with this standard.
Limited documentation after three days
For absences of 3 or more consecutive full workdays, a contractor may require certification from a health care provider for certain health-related leave reasons, or documentation from an appropriate individual or organization for leave taken for domestic violence, sexual assault, or stalking-related purposes. Documentation cannot be required for shorter absences under this section.
Responsibilities
Contractor
Track hours worked on or in connection with covered contracts; allow accrual at the required rate or provide at least 56 hours up front if using frontloading; provide written leave balance notices at the required intervals and upon separation or reinstatement; apply annual accrual and usage caps consistent with the regulation; carry over unused leave; reinstate leave for eligible rehires within 12 months; decide whether to pay out unused leave at separation; permit use of leave for covered purposes; accept oral or written leave requests that contain sufficient information; and request certification or documentation only when the regulatory threshold is met.
Subcontractor
Comply with the same paid sick leave requirements for covered employees performing work on or in connection with covered federal contracts, including accrual, carryover, use, notice, reinstatement, and documentation rules. Subcontractors must also ensure their policies and recordkeeping support compliance with the prime contract clause and DOL regulations.
Employee
Request paid sick leave orally or in writing and provide enough information to identify a covered purpose and, when feasible, the expected duration. If certification or documentation is requested after 3 or more consecutive full workdays, the employee must provide the required supporting documentation consistent with the regulation.
Contracting Officer
Ensure the contract includes the required clause and understand that contractor compliance is governed by the incorporated DOL rules. Monitor contract administration issues that may arise from leave-related complaints, wage and hour compliance concerns, or performance impacts tied to staffing and leave usage.
Agency
Include and administer the required paid sick leave clause in covered contracts, coordinate with labor compliance officials as needed, and support enforcement or corrective action when contractor policies or practices do not align with the regulation.
Practical Implications
Contractors need a reliable system to track covered hours, because accrual depends on hours worked on or in connection with covered contracts, not just total company hours.
A common mistake is treating paid sick leave like ordinary PTO and imposing stricter request or documentation rules than the regulation allows; the employee only has to give enough information to show a covered purpose.
Another frequent pitfall is forgetting that carryover is mandatory even when annual accrual is capped, and carried-over leave does not count against the annual cap.
Contractors that frontload 56 hours must still manage rehire, notice, and use rules correctly; frontloading is an alternative method of providing leave, not a waiver of the rest of the requirements.
Unused leave generally does not have to be paid out at separation, but if a contractor does pay it out at a qualifying value, that can affect whether leave must be reinstated if the employee returns within 12 months.
Official Regulatory Text
In accordance with 29 CFR 13.5 , and by operation of the clause at 52.222-62 , Paid Sick Leave Under Executive Order 13706, the following contractor requirements apply: (a) Accrual. (1) Contractors are required to permit an employee to accrue not less than 1 hour of paid sick leave for every 30 hours worked on or in connection with a contract covered by the E.O. (see 29 CFR 13.5 (a)(1)). (2) Contractors are required to inform each employee, in writing, of the amount of paid sick leave the employee has accrued but not used no less than once each pay period or each month, whichever interval is shorter, as well as upon a separation from employment and upon reinstatement of paid sick leave, pursuant to 29 CFR 13.5 (b)(4) (see 29 CFR 13.5 (a)(2)). (3) Contractors may choose to provide employees with at least 56 hours of paid sick leave at the beginning of each accrual year rather than allowing the employee to accrue such leave based on hours worked over time (see 29 CFR 13.5 (a)(3)). (b) Maximum accrual, carryover, reinstatement, and payment for unused leave. (1) Contractors may limit the amount of paid sick leave employees are permitted to accrue to not less than 56 hours in each accrual year (see 29 CFR 13.5 (b)(1)). (2) Paid sick leave shall carry over from one accrual year to the next. Paid sick leave carried over from the previous accrual year shall not count toward any limit the contractor sets on annual accrual (see 29 CFR 13.5 (b)(2)). (3) Contractors may limit the amount of paid sick leave an employee is permitted to have available for use at any point to not less than 56 hours (see 29 CFR 13.5 (b)(3)). (4) Contractors are required to reinstate paid sick leave for employees only when rehired by the same contractor within 12 months after a job separation (see 29 CFR 13.5 (b)(4)). (5) Nothing in E.O. 13706 or 29 CFR Part 13 requires contractors to make a financial payment to an employee for accrued paid sick leave that has not been used upon a separation from employment. If a contractor nevertheless makes such a payment in an amount equal to or greater than the value of the pay and benefits the employee would have received pursuant to 29 CFR 13.5 (c)(3) had the employee used the paid sick leave, the contractor is relieved of the obligation to reinstate an employee's accrued paid sick leave upon rehiring the employee within 12 months of the separation pursuant to 29 CFR 13.5 (b)(4) (see 29 CFR 13.5 (b)(5)). (c) Use . Contractors are required to permit an employee to use paid sick leave in accordance with 29 CFR 13.5 (c). (d) Request for paid sick leave . Contractors are required to permit an employee to use any or all of the employee's available paid sick leave upon the oral or written request of an employee that includes information sufficient to inform the contractor that the employee is seeking to be absent from work for a purpose described in 29 CFR 13.5 (c) and, to the extent reasonably feasible, the anticipated duration of the leave (see 29 CFR 13.5 (d)). (e) Certification or documentation for leave of 3 or more consecutive full workdays . Contractors may require certification issued by a health care provider to verify the need for paid sick leave used for a purpose described in 29 CFR 13.5 (c)(1)(i), (ii), or (iii), or documentation from an appropriate individual or organization to verify the need for paid sick leave used for a purpose described in 29 CFR 13.5 (c)(1)(iv), only if the employee is absent for 3 or more consecutive full workdays (see 29 CFR 13.5 (e)).