FAR 22.2106—Prohibited acts.
Plain-English Summary
FAR 22.2106 explains the prohibited acts tied to the paid sick leave requirements implemented through Executive Order 13706 and the clause at FAR 52.222-62, Paid Sick Leave Under Executive Order 13706. It covers three main subject areas: interference with an employee’s accrual or use of paid sick leave; retaliation or discrimination against employees for using leave, asserting rights, participating in investigations or proceedings, or informing others of their rights; and failures to create, maintain, or provide required records to the Wage and Hour Division. In practice, this section tells contractors what they must not do when administering paid sick leave on covered federal contracts and what conduct can trigger enforcement under the Department of Labor’s rules at 29 CFR Part 13. Its purpose is to protect employees’ ability to earn and use paid sick leave without employer obstruction or retaliation, while also ensuring that contractors keep records that allow compliance to be verified. For contractors, the practical significance is that leave administration, discipline decisions, communications with employees, and recordkeeping all need to be handled carefully to avoid violations. For contracting officers and compliance personnel, this section signals that the paid sick leave clause is not just a benefits requirement but also an anti-retaliation and documentation requirement with enforcement consequences.
Key Rules
No interference with leave
A contractor may not interfere with an employee’s accrual or use of paid sick leave required by E.O. 13706 and 29 CFR Part 13. This means the contractor cannot obstruct, discourage, or improperly limit leave that the employee is entitled to earn and use.
No retaliation or discrimination
A contractor may not discharge or otherwise discriminate against an employee for using or trying to use paid sick leave, filing a complaint, starting a proceeding, asserting rights under the rule, cooperating in an investigation, testifying, or informing others about their rights. The protection is broad and covers both direct punishment and other adverse treatment.
Protected activity includes complaints and cooperation
Employees are protected not only when they take leave, but also when they complain, participate in enforcement activity, or help others understand their rights. Contractors must avoid any adverse action that could be linked to these protected activities.
Recordkeeping is mandatory
A contractor must make and maintain records, and must make them available for inspection, copying, and transcription by authorized Wage and Hour Division representatives as required by 29 CFR 13.25. Failure to keep or provide the required records is itself a prohibited act.
Clause and regulation work together
The prohibitions apply by operation of FAR 52.222-62 and in accordance with 29 CFR 13.6. In practice, contractors must comply with both the contract clause and the Department of Labor’s implementing regulations, not just the FAR text alone.
Responsibilities
Contractor
Must not interfere with employees’ accrual or use of paid sick leave; must not retaliate or discriminate against employees for using leave or engaging in protected activity; and must create, maintain, and provide required records to authorized Wage and Hour Division representatives.
Employees
May use paid sick leave as allowed by the rule and may file complaints, participate in proceedings, cooperate with investigations, testify, and inform others of their rights without retaliation.
Wage and Hour Division
May inspect, copy, and transcribe required records and enforce compliance with the paid sick leave recordkeeping and anti-retaliation requirements.
Contracting Officer / Agency
Must ensure the paid sick leave clause is included when applicable and monitor contractor compliance issues that may affect contract administration, performance, or enforcement referrals.
Practical Implications
Contractors need to treat paid sick leave as a protected statutory/contractual benefit, not a discretionary perk, and supervisors should be trained not to discourage its use.
Retaliation risk is broad: discipline, schedule changes, negative evaluations, termination, or other adverse treatment after an employee uses leave or complains can create a violation if linked to protected activity.
Recordkeeping failures can be violations even if the contractor otherwise provides leave correctly, so timekeeping, leave balances, and supporting records must be accurate and readily producible.
Policies should clearly explain how employees request leave, how records are kept, and how complaints are handled, because unclear procedures often lead to interference claims.
Contractors should preserve documentation showing legitimate, non-retaliatory reasons for adverse employment actions, especially when those actions occur near leave use or protected complaints.
Official Regulatory Text
In accordance with 29 CFR 13.6 , and by operation of the clause at 52.222-62 , Paid Sick Leave Under Executive Order 13706, a contractor may not- (a) Interfere with an employee's accrual or use of paid sick leave as required by E.O. 13706 or 29 CFR Part 13 (see 29 CFR 13.6(a) ); (b) Discharge or in any other manner discriminate against any employee for- (1) Using, or attempting to use, paid sick leave as provided for under E.O. 13706 and 29 CFR Part 13 ; (2) Filing any complaint, initiating any proceeding, or otherwise asserting any right or claim under E.O. 13706 or 29 CFR Part 13 ; (3) Cooperating in any investigation or testifying in any proceeding under E.O. 13706 or 29 CFR Part 13 ; or (4) Informing any other person about his or her rights under E.O. 13706 or 29 CFR Part 13 (see 29 CFR 13.6(b) ); or (c) Fail to make and maintain or to make available to authorized representatives of the Wage and Hour Division records for inspection, copying, and transcription as required by 29 CFR 13.25 , or otherwise fail to comply with the requirements of 29 CFR 13.25 (see 29 CFR 13.6(c) ).