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Post by alstein on Aug 3, 2023 18:54:09 GMT -5
A contractor put out a memo today stating that FT employees get FT amounts of sick leave, and PTers get 25 hrs, and I'm assuming PT is anything under 40hrs/week.
Is that legal under the executive order that states employees are to get sick leave that was put in place back in the mid-2010s? I thought it had to prorated at 1 hr per x numbers of hours worked, up to 56.
I don't know if the contractor had any nefarious intentions, though this was unusually generous at first glance, but this seems like it would really screw the folks who work between 32 and 40 hrs/week.
The way I read EO 13706 and the CBA, it's 1 hour per 30 hours worked, which this wouldn't cover for some PT workers. Am I correct in this reading?
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Post by vorticity on Aug 4, 2023 10:19:48 GMT -5
The EO does not differentiate between full-time and part-time covered employees, with only this exception: "The Final Rule includes a narrow exemption from the rule’s accrual requirements for employees who perform work duties necessary to the performance of a covered contract (but who are not directly engaged in performing the specific work called for by the contract) and who spend less than 20 percent of their hours worked in a particular workweek performing work in connection with such contracts." This clearly does not apply to weather observers. With regards to Collective Bargaining Agreements (CBA), "If a CBA ratified before September 30, 2016 applies to an employee’s work performed on or in connection with a covered contract, and the CBA provides the employee with at least 56 hours (or 7 days) of paid sick time (or paid time off that may be used for reasons related to sickness or health care) each year, the requirements of the Executive Order and the Final Rule will not apply to the employee until the date the agreement terminates or January 1, 2020, whichever is first. If the CBA provides the employee with paid sick time (or paid time off that may be used for reasons related to sickness or health care) each year, but the amount provided under the CBA is less than 56 hours (or 7 days), the contractor must provide covered employees with the difference between 56 hours (or 7 days) and the amount provided under the existing CBA in a manner consistent with the EO and Final Rule or the terms and conditions of the CBA." More information is available in this Fact Sheet from the U.S. DOL's Wage and Hour Division: www.dol.gov/sites/dolgov/files/WHD/legacy/files/PaidLeaveFS.pdf
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