Allegheny County Council Passes Major Expansion of Paid Sick Leave and New Paid Parental Leave Mandate
On October 20, 2026, the Allegheny County Council passed one of the first county-mandated paid parental leave policies in the U.S. County Executive Sara Innamorato signed the amendment into law on October 22, 2026. Specifically, the Council amended Article XXIV of the Allegheny County Health Department Rules and Regulations, renaming the regulation “Paid Sick and Parental Leave” and substantially reworking it. This amendment will:
Make existing paid sick leave requirements more generous;
Create a new, employer-funded paid parental leave benefit of up to 12 weeks; and
Increase penalties and add new notice, certification, and private-lawsuit provisions.
Employers with operations in Allegheny County should begin planning now, as the compliance lift—particularly for parental leave—will be significant.
Key Changes
Paid Sick Leave
Accrual and Caps: Accrual would increase from 1 hour per 35 hours worked in Allegheny County to 1 hour per 30 hours worked in Allegheny County. Employers with 15 or more employees would face an annual accrual and usage cap of 72 hours (up from 40). Previously, only employers with 26 or more employees were required to comply; the amendment lowers that employee threshold to 15.
Smaller Employers: A new tier would provide employees of employers with fewer than 15 employees up to 48 hours per year at the same 1-for-30 accrual rate. Note, however, that the amended definition of “employer” covers only entities with 15 or more employees, creating an internal inconsistency that, if the County does not address through further amendment or implementing guidance, will almost certainly lead to legal challenges.
Covered Employees: “Employee” would be redefined as an individual who works in Allegheny County at least 80 hours in a year. Temporary and seasonal employees would be excluded, along with independent contractors, state and federal employees, and certain construction union members. Note that this new definition will likely bring remote and out-of-county employees under the paid sick leave accrual and recordkeeping requirements, because if employers have any employees who work in Allegheny County for 80 or more hours in a year, they will fall under this expanded definition.
“Year”: The calendar-year concept would be replaced with any consecutive 12-month period designated by the employer and communicated to employees.
PTO Policies: Perhaps the most significant change the amendment makes to the paid sick leave requirement is that employers may no longer rely solely on a general PTO “bank” to satisfy the paid sick leave requirement. Employers will now be required to provide designated paid sick leave and designated paid parental leave, even if they maintain a separate “general” PTO policy.
New Paid Parental Leave
The most significant change passed by the County Council on Tuesday is the new employer-mandated parental leave requirement. While state laws mandating paid parental leave typically divide the burden between taxpayers and employers, employers in Allegheny County are required to foot the bill for the policy under the amendment. Some of the highlights of the new paid parental leave requirements are below, but employers that the FMLA covers will see a lot of similarities to the FMLA’s unpaid leave requirements:
Entitlement: Eligible employees would receive 12 weeks of paid leave per claim following the birth, stillbirth, adoption, or permanent foster placement of a child, usable within the first 12 months after the event.
Pay and Benefits: Leave would be paid at the employee’s base rate with continued benefits, subject to a weekly cap of $4,200 (adjustable by the Board of Health). Part-time pay would be based on average weekly hours over the prior six months.
Eligibility: Employees would need 180 continuous days of employment (part-time employees also need 625 hours in that period), must submit a claim with supporting documentation and a written leave schedule, and may not be temporary or seasonal employees. Unlike the FMLA, spouses and domestic partners working for the same employer would both be eligible for the full 12-week leave entitlement, even if taken concurrently.
Claims Process: Employers would have 10 business days after receiving a complete claim to decide eligibility and notify the employee in writing. Denied or unanswered claims could be escalated to the County, which would issue a ruling within 3 business days.
Job Protection: Employees returning from leave would be entitled to reinstatement to the same or an equivalent position, with benefits maintained during leave.
Coordination: Leave would run concurrently with FMLA leave. Private plans would be permitted if they provide at least equivalent rights and benefits. Waivers would be void, and later-adopted policies or collective bargaining agreements could not reduce the benefit.
Notice, Records, and Enforcement
Written notice would be required at hire and annually, plus a detailed written acknowledgment whenever an employee requests parental leave.
Beginning 1 year after the effective date (on or after approximately April 18, 2028, based on the earliest possible effective date), employers would have to file an annual compliance certification with the County.
2-year recordkeeping would extend to parental leave, with a presumption of violation if records are inadequate.
Fines would increase from $100 per offense to up to $100 per day, per violation.
Employees would gain a private right of action, with mandatory attorneys’ fees and costs for prevailing plaintiffs, for violations of the job-protection, coordination, and notice provisions.
Employers would have to give employees written notice before any authorized disclosure of their health information.
Pittsburgh Employers: Dual Compliance
The City of Pittsburgh has its own Paid Sick Days Act, and employers with operations in the City must comply with it in addition to the County’s requirements. The County regulation defers to a municipal ordinance that is at least as generous, but the City law does not provide paid parental leave, so Pittsburgh employers should expect to follow the City law for sick leave and the County regulation for parental leave. Since January 1, 2026, the City law has required the same 1-for-30 accrual rate and 72-hour cap for employers with 15 or more employees, but its reach is broader in several ways. It applies to employers with even 1 employee, and it covers employees who work as few as 30 hours a year in the City, compared with the County’s 80-hour threshold. Unlike the amended County regulation, the City law still lets employers satisfy their obligations through a compliant general PTO policy.
Employer Action Items
Calendar Key Dates: The amendments take effect no fewer than 180 days after passage, and employers must implement them no later than 180 days from the effective date. Measured from the October 20, 2026 passage date, the earliest effective date is April 18, 2027, and the corresponding implementation deadline is October 15, 2027. If the period is instead measured from the October 22, 2026 signing date, those dates would shift to April 20, 2027 and October 17, 2027. Allegheny County employers should watch for County guidance confirming the official effective date, and plan to be compliant by mid-April 2027 to be safe.
Confirm Coverage: Count headcount carefully against the 15-employee threshold and identify employees who work at least 80 hours per year in the County, including remote workers.
Revise Leave Policies: Update accrual rates and caps, define your benefit “year,” and carve out designated sick leave and parental leave from any general PTO bank.
Build a Parental Leave Program: Draft claim forms, documentation requirements, and a 10-business-day review workflow, and coordinate with FMLA, short-term disability, and benefits carriers. Consider whether a private plan makes sense.
Budget: Model the cost of 12 weeks of paid leave at up to $4,200 per week, along with continued benefits.
Update Notices and Recordkeeping: Prepare hire and annual notices and leave-request acknowledgments, and set up a process for the annual certification.
Review Attendance Policies and Train Managers: Make sure protected leave is not counted toward discipline, and train supervisors on the 90-day presumption of retaliation and the new private right of action.
Check Unionized and City of Pittsburgh Operations: Assess how the amendments interact with collective bargaining agreements and with local ordinances, which apply only if they are at least as generous.
Takeaway
These amendments make Allegheny County one of the most demanding local leave jurisdictions in the country and will require employer-paid parental leave that goes well beyond federal and Pennsylvania requirements. With higher daily penalties and a new private right of action, the cost of noncompliance will rise sharply. With an effective date as early as April 2027, employers should begin assessing policies, payroll systems, and budgets now. Do not hesitate to reach out to your Pierson Ferdinand employment attorney or me with any questions or for help preparing for these changes.
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