As New York federal contractors and subcontractors may know, a final rule was implemented in September by the Department of Labor. It provides a certain number of days of paid sick leave for employees and eligibility changes starting in 2017.
Reasons for taking paid sick leave by an employee under certain contracts expand for employees working under some types of contracts. Under the new rule, employees or family members are eligible. It includes provisions for preventative care, diagnosis of a condition or illness, and care for a condition. Medical conditions are allowable as well as mental or physical conditions or injuries. It also covers paid sick leave when the employee has to care for a family member or someone in a relationship with that individual. The equivalency provision means that there does not have to be a blood or legal tie to the other individual. The same provisions apply for that family or relationship member, such as health care, diagnosis of a condition or illness, and treatment. In addition, the ruling covers paid sick leave in cases of stalking, sexual assault or domestic violence.
This new ruling only applies to certain types, but not all, contractors who provide government services. It does not include those who are working outside the country, those exempt from certain types of coverage or exclusions, or those doing work for Indian tribes.
There is a possibility that this final ruling may not go into effect. Under provisions of the Congressional Review Act, the new ruling might be rescinded.
A worker who feels that his or her employee rights were violated may benefit from consultation with an attorney. An attorney may assist by examining pertinent records, determining the strength of a claim and filing a legal action to protect the worker's rights.