Appendix A to Part 13 - Contract Clause
29:1.1.1.1.14.5.27.9.6 : Appendix A
Appendix A to Part 13 - Contract Clause
The following clause shall be included by the contracting agency
in every contract, contract-like instrument, and solicitation to
which Executive Order 13706 applies, except for procurement
contracts subject to the Federal Acquisition Regulation (FAR):
(a) Executive Order 13706. This contract is subject to
Executive Order 13706, the regulations issued by the Secretary of
Labor in 29 CFR part 13 pursuant to the Executive Order, and the
following provisions.
(b) Paid Sick Leave. (1) The contractor shall permit each
employee (as defined in 29 CFR 13.2) engaged in the performance of
this contract by the prime contractor or any subcontractor,
regardless of any contractual relationship that may be alleged to
exist between the contractor and employee, to earn not less than 1
hour of paid sick leave for every 30 hours worked. The contractor
shall additionally allow accrual and use of paid sick leave as
required by Executive Order 13706 and 29 CFR part 13. The
contractor shall in particular 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.
(2) The contractor shall 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. The contractor shall 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.
(3) The prime contractor and any upper-tier subcontractor shall
be responsible for the compliance by any subcontractor or
lower-tier subcontractor with the requirements of Executive Order
13706, 29 CFR part 13, and this clause.
(c) Withholding. The contracting officer shall, upon its
own action or upon written request of an authorized representative
of the Department of Labor, withhold or cause to be withheld from
the prime contractor under this or any other Federal contract with
the same prime 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
Executive Order 13706, 29 CFR part 13, or this clause, including
any pay and/or benefits denied or lost by reason of the violation;
other actual monetary losses sustained as a direct result of the
violation, and liquidated damages.
(d) Contract Suspension/Contract Termination/Contractor
Debarment. In the event of a failure to comply with Executive
Order 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. Additionally,
any failure to comply with the requirements of this clause may be
grounds for termination of the right to proceed with the contract
work. In such event, the Government may enter into other contracts
or arrangements for completion of the work, charging the contractor
in default with any additional cost. A breach of the contract
clause may be grounds for debarment as a contractor and
subcontractor as provided in 29 CFR 13.52.
(e) The paid sick leave required by Executive Order 13706, 29
CFR part 13, and this clause is in addition to a contractor's
obligations under the Service Contract Act and Davis-Bacon Act, and
a 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 Executive Order
13706 and 29 CFR part 13.
(f) Nothing in Executive Order 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 Executive Order 13706
and 29 CFR part 13.
(g) Recordkeeping. (1) Any contractor performing work
subject to Executive Order 13706 and 29 CFR part 13 must make and
maintain, for no less than three (3) years from the completion of
the work on the contract, records containing the information
specified in paragraphs (i) through (xv) of this section for each
employee and shall make them available for inspection, copying, and
transcription by authorized representatives of the Wage and Hour
Division of the U.S. 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 a contractor's paid time off policy satisfies the
requirements of Executive Order 13706 and 29 CFR part 13 as
described in § 13.5(f)(5), leave must be designated in records as
paid sick leave pursuant to Executive Order 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
a 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 covered contract;
(xiv) The regular pay and benefits provided to an employee for
each use of paid sick leave; and
(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 a contractor from the obligation to
reinstate such paid sick leave as otherwise required by 29 CFR
13.5(b)(4).
(2)(i) If a contractor wishes to distinguish between an
employee's covered and non-covered work, the contractor must keep
records or other proof reflecting such distinctions. Only if the
contractor adequately segregates the employee's time will time
spent on non-covered work be excluded from hours worked counted
toward the accrual of paid sick leave. Similarly, only if that
contractor adequately segregates the employee's time may a
contractor properly refuse an employee's request to use paid sick
leave on the ground that the employee was scheduled to perform
non-covered work during the time she asked to use paid sick
leave.
(ii) If a contractor estimates covered hours worked by an
employee who performs work in connection with covered contracts
pursuant to 29 CFR 13.5(a)(i) or (iii), the contractor must 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 non-covered work
be excluded from hours worked counted toward the accrual of paid
sick leave. If a contractor estimates the amount of time an
employee spends performing in connection with covered contracts,
the contractor must permit the employee to use her paid sick leave
during any work time for the contractor.
(3) In the event a contractor is not obligated by the Service
Contract Act, the Davis-Bacon Act, or the Fair Labor Standards Act
to keep records of an employee's hours worked, such as because the
employee is exempt from the FLSA'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 (1)(d) of this section 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
Executive Order 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 must 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
Davis-Bacon Act, the Service Contract Act, the Fair Labor Standards
Act, the Family and Medical Leave Act, Executive Order 13658, their
respective implementing regulations, or any other applicable
law.
(h) The contractor (as defined in 29 CFR 13.2) shall insert this
clause in all of its covered subcontracts and shall require its
subcontractors to include this clause in any covered lower-tier
subcontracts.
(i) Certification of Eligibility. (1) By entering into
this contract, the contractor (and officials thereof) certifies
that neither it (nor he or she) nor any person or firm who has an
interest in the contractor's firm is a person or firm ineligible to
be awarded Government contracts by virtue of the sanctions imposed
pursuant to section 5 of the Service Contract Act, section 3(a) of
the Davis-Bacon Act, or 29 CFR 5.12(a)(1).
(2) No part of this contract shall be subcontracted to any
person or firm whose name appears on the list of persons or firms
ineligible to receive Federal contracts currently maintained on the
System for Award Management Web site,
http://www.SAM.gov.
(3) The penalty for making false statements is prescribed in the
U.S. Criminal Code, 18 U.S.C. 1001.
(j) Interference/Discrimination. (1) A contractor may not
in any manner interfere with an employee's accrual or use of paid
sick leave as required by Executive Order 13706 or 29 CFR part 13.
Interference includes, but is not limited to, miscalculating the
amount of paid sick leave an employee has accrued, denying or
unreasonably delaying a response to a proper request to use paid
sick leave, discouraging an employee from using paid sick leave,
reducing an employee's accrued paid sick leave by more than the
amount of such leave used, transferring an employee to work on
non-covered contracts to prevent the accrual or use of paid sick
leave, disclosing confidential information contained in
certification or other documentation provided to verify the need to
use paid sick leave, or 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) A contractor may 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 Executive Order 13706 and 29 CFR part 13;
(ii) Filing any complaint, initiating any proceeding, or
otherwise asserting any right or claim under Executive Order 13706
and 29 CFR part 13;
(iii) Cooperating in any investigation or testifying in any
proceeding under Executive Order 13706 and 29 CFR part 13; or
(iv) Informing any other person about his or her rights under
Executive Order 13706 and 29 CFR part 13.
(k) Waiver. Employees cannot waive, nor may contractors
induce employees to waive, their rights under Executive Order
13706, 29 CFR part 13, or this clause.
(l) Notice. The contractor must notify all employees
performing work on or in connection with a covered contract of the
paid sick leave requirements of Executive Order 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 Web site that is maintained by the contractor,
whether external or internal, and customarily used for notices to
employees about terms and conditions of employment.
(m) Disputes concerning labor standards. Disputes related
to the application of Executive Order 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 U.S. Department of Labor, or the employees or their
representatives.