Overview
This section outlines prohibited contractor behaviors regarding the administration of paid sick leave under Executive Order 13706 and 29 CFR Part 13. It specifically forbids interference with leave rights, retaliation against employees, and failure to maintain required documentation.
Key Rules
- Non-Interference: Contractors are prohibited from interfering with an employee's right to accrue or use paid sick leave as mandated by law.
- Anti-Retaliation and Discrimination: Contractors may not discharge or discriminate against employees for:
- Using or attempting to use paid sick leave.
- Filing complaints or initiating proceedings related to sick leave rights.
- Cooperating in investigations or testifying in proceedings.
- Informing others of their rights under the Executive Order.
- Record-Keeping Compliance: Contractors must maintain and provide the Wage and Hour Division access to records for inspection, copying, and transcription.
Practical Implications
- Contractors must ensure that internal leave policies and management practices do not inadvertently discourage or penalize the use of sick leave, as this could be legally construed as "interference."
- Maintaining rigorous, audit-ready documentation of sick leave accrual and usage is a contractual requirement; failure to produce these records during a Department of Labor investigation constitutes a violation.