
Continuing his “pen and
phone” approach to effecting change, The
New York Times announced last week that President Obama is considering
using his executive authority to mandate paid sick days for federal government
contractors and subcontractors.
The draft executive order, which is marked “pre-decisional and deliberative,” would require a minimum of 56 hours (or seven work days) per year of paid sick leave for employees of federal contractors and subcontractors. Under the draft executive order, the paid sick leave would allow an employee to take paid time off to care for themselves or a sick family member, obtain preventative care, or address domestic violence and stalking situations. In addition, employers would be required to allow unused paid leave to roll over from year to year for later use.
The proposed executive
action comes on the heels of a recent blogpost
by the U.S. Department of Labor ("DOL"), in which the Labor
Secretary stated that 39 percent of the private sector workforce – or 44
million people - do not have access to paid sick leave. The Labor
Secretary called for nationally mandated paid sick leave. In his January
2015 State of the Union address, President Obama similarly urged Congress to
pass legislation granting paid sick leave to private sector employees, but no
such legislation has come to a vote.
President Obama has used
his executive authority in the past to impose greater
workplace protections for employees of federal contractors. Recent
executive orders issued by Obama prohibit
LGBT discrimination in the workplaces of federal contractors, as well
as impose various reporting
requirements on federal contractors. While the impact of the
proposed executive order on sick pay would be limited to
federal government contractors, employers should keep an eye out for
the potential introduction of similar federal legislation. With several states and municipalities already implementing paid sick
leave laws, there is a growing push for mandated sick leave that may
eventually extend to the federal level.
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