Twelve-Week Paid Parental Leave: What Allegheny County Employers Need to Know
Employers with 15 or more employees may need to quickly prepare to accommodate Allegheny County’s new paid parental leave requirements. Covered employers will be required to provide eligible employees with up to 12 weeks of employer-funded paid parental leave and should review their policies and compliance obligations before the Oct. 22, 2027 deadline.
County Council voted 11-4 to amend Allegheny County Health Department’s Paid Sick and Parental Leave Regulation (the Regulation). The amendments take effect 180 days after passage, and employers are given an additional 180 days to implement them. Employers should plan to be fully compliant by Oct. 22, 2027.
The requirement applies to employers with 15 or more employees and provides eligible employees with up to 12 weeks of paid parental leave following the birth, adoption or legal permanent placement (including foster-care placement) of a child or a stillbirth. An “employee” is defined as anyone who performs at least 80 hours of work for their employer within Allegheny County in a year, excluding independent contractors, state and federal employees, certain union construction workers and temporary and seasonal employees. To be eligible for leave, employees must have worked for the employer for at least 180 continuous days; part-time employees must also have worked at least 625 hours during that period. Both parents may take leave, regardless of gender. It remains unclear whether the 15-employee threshold will be based on total number of employees, statutorily defined, or eligible for the leave.
Employers may not interfere with these rights or retaliate against employees who request or use leave, file a complaint or tell others about violations or about their rights. Protected leave also may not be counted as an absence that could lead to discipline. If an employer takes adverse action within 90 days after an employee files a complaint, reports a violation or engages in similar protected activity, the law presumes the action was retaliatory.
Pay, Benefits and Job Protection
Employees on leave receive their regular base rate of pay, capped at $4,200 per week, and existing benefits must continue. Part-time employees are paid based on their average weekly hours over the prior six months. When leave ends, the employee must be returned to the same job or an equivalent one with the same pay, benefits, seniority and status.
Enforcement and Remedies
Employees and others may report suspected violations to the County agency charged with enforcement within six months after they knew or should have known of the violation. Employees whose leave claims are denied, or not decided on time, may also file a complaint with the agency. Willful violations may result in fines of up to $100 per day, per violation. Employees may also sue for damages and other relief.
What Should Employers Do Now?
- Determine whether you are a covered employer. Until the County issues guidance regarding the headcount calculation, employers should consider the impact of using total employee headcount to determine whether the employer meets the 15-employee threshold.
- Identify employees who perform at least 80 hours of work per year within Allegheny County
- Ensure your parental leave policy complies with the Regulation
- Consider whether to self-fund benefits or purchase a private plan that meets the Regulation’s requirements
- Update sick and parental leave policies, notices and claim procedures to comply by Oct. 22, 2027
- Coordinate payroll and HR systems to track eligibility, the $4,200 weekly cap, FMLA overlap and two-year recordkeeping
For questions about how the Regulation may affect your business, please contact Lisa M. Scidurlo, Michael G. Tierce, Theresa M. Zechman, Sasha A. Phillips or any other member of Stevens & Lee’s Labor and Employment Group.
