FAR 52.222-62—Paid Sick Leave Under Executive Order 13706.
Plain-English Summary
FAR 52.222-62 implements Executive Order 13706 and the Department of Labor’s paid sick leave rules at 29 CFR part 13 for covered federal contracts. This clause explains who is covered, how to determine whether work is performed "on" or "in connection with" a covered contract, what paid sick leave must be earned and when it may be used, how leave must be paid, and how contractors may satisfy the requirement through a multiemployer plan or an individual fund, plan, or program. It also addresses subcontractor compliance, withholding of contract funds, suspension of payments, termination for default or cause, and possible debarment for violations. The clause makes clear that the paid sick leave requirement is in addition to SCA and DBA obligations, cannot be credited toward prevailing wage or fringe benefit requirements under those statutes, and does not override more protective federal, state, local, or collective bargaining agreement leave rights. Finally, it includes recordkeeping obligations, which are essential for proving compliance and defending against wage or leave disputes. In practice, this clause requires contractors to track covered employees and hours carefully, administer leave consistently, and flow requirements down to subcontractors.
Key Rules
Covered employees only
The clause applies to employees performing work on or in connection with a covered contract, including certain apprentices and workers whose wages are governed by the SCA, DBA, or FLSA. Coverage applies regardless of the label used for the worker relationship, and the clause defines "on" and "in connection with" work broadly.
Accrual rate and use rights
Covered employees must earn at least 1 hour of paid sick leave for every 30 hours worked. Contractors must allow accrual and use as required by E.O. 13706 and 29 CFR part 13, including the detailed rules in 29 CFR 13.5 and 13.6.
Timely, full payment
Paid sick leave must be provided when due, free and clear, without later deduction, rebate, or kickback except as allowed by 29 CFR 13.24. Pay and benefits for leave used must be provided no later than one pay period after the pay period in which the leave was taken.
Subcontractor accountability
The prime contractor is responsible for subcontractor compliance with E.O. 13706, 29 CFR part 13, and the clause. This means the prime must ensure subcontract terms, oversight, and administration support compliance throughout the contract chain.
Alternative compliance methods
Contractors may satisfy the requirement jointly through a multiemployer plan or through an individual fund, plan, or program, as permitted by 29 CFR 13.8. These alternatives must still meet the substantive leave requirements.
Government remedies for violations
The Contracting Officer may withhold contract payments to cover amounts owed for violations, including lost pay and benefits, actual monetary losses, and liquidated damages. The agency may also suspend payments, terminate for default or cause, and violations may support debarment.
No credit against wage obligations
Paid sick leave required by this clause is separate from SCA and DBA prevailing wage or fringe benefit obligations. Contractors cannot count this leave toward those statutory obligations.
More protective laws control
Nothing in the E.O. or part 13 overrides more generous federal, state, local, or collective bargaining agreement leave requirements. If another law or agreement provides greater leave rights, the contractor must comply with the more protective requirement.
Recordkeeping required
The contractor must make and maintain records as required by the clause and 29 CFR part 13. Accurate records are necessary to show hours worked, leave accrued and used, and compliance with payment and notice obligations.
Responsibilities
Contracting Officer
Monitor compliance, and when appropriate, withhold or cause withholding of accrued payments or advances to cover amounts owed for violations. The Contracting Officer may also support suspension of payments or other remedies when authorized and may take action leading to termination for default or cause.
Contractor
Identify covered employees, track hours worked, accrue leave at the required rate, permit lawful use of leave, pay leave timely and without improper deductions, comply with all incorporated regulatory requirements, maintain required records, and ensure subcontractors comply.
Subcontractor
Comply with E.O. 13706, 29 CFR part 13, and the clause for its covered employees, including accrual, use, payment, and recordkeeping requirements. Subcontractors must administer leave consistently with the prime contract requirements.
Department of Labor
Issue and enforce the implementing regulations, authorize or direct agency action in appropriate cases, and provide guidance and enforcement support under 29 CFR part 13.
Agency
Take action to suspend payments or advances when violations occur, if authorized or directed by DOL or on its own action as permitted, and support enforcement remedies such as termination when warranted.
Employees
Use paid sick leave only for permitted purposes under the E.O. and 29 CFR part 13, and follow employer procedures that are consistent with the regulation and the contract.
Practical Implications
Contractors need reliable timekeeping and leave-tracking systems because coverage turns on hours worked and whether work is "on" or "in connection with" the contract.
A common mistake is assuming SCA or DBA fringe benefits can satisfy the paid sick leave requirement; they cannot, and the leave is additive.
Prime contractors should flow the clause down and actively monitor subcontractors, because the prime remains responsible for subcontractor compliance.
Payroll timing matters: leave pay must be issued no later than one pay period after the leave is taken, so delays can create violations even if the leave was otherwise approved.
Recordkeeping is critical; without accurate records, contractors may have difficulty proving accrual, use, and payment compliance during a DOL review or dispute.
Official Regulatory Text
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)