LEGAL
828,000 employees, including some 437,000 who currently have
no such benefits. The paid sick leave is to be made available for
use by employees: (i) for their own illness or other health care
needs (including preventive care); (ii) to care for a family member
or loved one who is ill or needs health care (including preventive
care); or (iii) for purposes resulting from being a victim of domestic
violence, sexual assault or stalking – or to assist a family member
or loved one who is a victim. The paid benefits can be “use it
or lose it,” and no vesting is required (therefore, employees will not
be entitled to “cash out” the benefit at the time of termination).
However, employers must allow for some carry-over to a following
year – but never more than the 56 total hours.
The proposed regulations also contain an anti-retaliation
provision prohibiting any federal contractor from interfering with
an employee’s exercise of his/her paid sick leave rights.
In sum, there have been a number of new obligations relevant
to employment required of federal contractors and subcontractors
by President Obama’s administration. Federal contractors need
to remain knowledgeable of their current obligations. Otherwise,
contractors may find themselves facing audits by the OFCCP, issued
fines or other penalties or even defending a lawsuit brought by the
OFCCP. Due to myriad regulations and factual circumstances, federal
contractors and subcontractors should consult experienced labor
and employment counsel for specific questions and issues regarding
the application and effect of such regulations. t
Leonard Feigel is a labor and employment attorney with Foley &
Lardner LLP. He may be reached at lfeigel@foley.com or 904-359-8755.
253 DRUM POINT RD. • BRICK, NJ 08723
110 | QUARTER 2 2016
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