On October 22, 2026, Allegheny County Council approved an amendment to the County Health Department’s paid sick leave regulations, which added a paid parental leave program requiring covered employers to provide eligible employees with up to twelve (12) weeks of leave at their regular base rate of pay, subject to a weekly benefit cap. The regulations also include provisions related to job restoration, continuation of established benefits, detailed notice and claims procedures, recordkeeping requirements, anti-retaliation protections, agency enforcement, and a private right of action for affected employees.
The amended regulations entitle an eligible employee to 12 weeks of paid parental leave following:
1. The birth of the employee’s child;
2. A stillbirth or fetal death;
3. Adoption; or
4. Legal permanent placement of a child for foster care.
For a live birth, adoption, or permanent placement, leave may be used during the first twelve (12) months after the qualifying event to care for and bond with the child and support the physical and emotional well-being of the child and, where applicable, the employee. Following a stillbirth, either parent could use leave to address resulting physical and behavioral health needs, including recovery from childbirth where applicable.
The regulations further provide that eligible employees would generally be compensated at their existing base rate of pay, with the same benefits the employee would have received while working, subject to a maximum weekly benefit of Four Thousand Two Hundred Dollars ($4,200). For part-time employees, compensation would be based on the employee’s current rate of pay multiplied by the employee’s average weekly hours during the six (6) months immediately preceding the benefits request. The initial benefit payment must be made no later than the pay cycle following the scheduled start of leave. Subsequent payments must follow the employee’s customary compensation schedule.
Under the regulations, an “employer” is defined as an entity situated or doing business in Allegheny County that employs at least fifteen (15) people. Although the federal and state government is excluded from this definition, local governmental entities are not. However, it appears that the fifteen (15) employee threshold still applies to local governments, therefore smaller entities would be exempt from the regulations. An “employee” is generally defined as an individual who performs at least eighty (80) hours of work within Allegheny County during a year. The definition excludes independent contractors, federal and state employees, temporary employees, seasonal employees, and certain members of construction labor unions covered by collective bargaining agreements. There is no general exemption for all employees covered by a collective bargaining agreement.
In order to be eligible for paid parental leave under the new regulations, a full-time employee must have worked continuously for their employer for at least one hundred eighty (180) days. A part-time employee must have been employed for one hundred eighty 180 days and worked at least six hundred twenty five (625) hours during that period. An employee requesting leave must provide certain documentation, including but not limited one of the following:
- The child’s birth certificate
- A document issued by the child or the birthing parent’s health care provider identifying the child’s birth date
- Documentation confirming the date of a child’s adoption or anticipated adoption
- Documentation concerning legal permanent placement or anticipated placement
- A court order reflecting the date of a child’s birth and the fact that the requesting employee is the child’s parent
- Documentation reflecting voluntary acknowledgement of paternity
- Certification of a stillbirth
The employee must also be “currently employed by the Employer through which the Employee seeks benefits as provided under this Article,” suggesting that an employee cannot be notified of a furlough and then claim benefits. Further, the employee must provide a “written schedule reflecting how the Employee will utilize the leave, if approved, as well as the anticipated date(s) of the leave. Finally, the employee must not be a “temporary or seasonal worker.”
Notably, spouses and domestic partners employed by the same employer would each be eligible for benefits, including when their leave periods run concurrently.
Upon receipt of a claim and all necessary supporting documentation, an employer would have ten (10) business days to determine eligibility. If the employer determines that the applicable eligibility requirements have been met, the employer must approve the claim. The employer’s approval must state, in writing, the amount of leave and benefits awarded. If the employer denies the claim or fails to decide the claim within the stated timeframe, the employee may complain with the designated County agency. That Agency would then have three (3) business days to evaluate the issue and make a determination. If the Agency determines that the leave should be granted, it must direct the employer to ensure that the employee receives the lawful amount of paid leave.
The regulations contain a number of notice provisions. Employers must provide written notice of the requirements of the law upon the initial hiring of an employee and then annually thereafter. Employers must also provide written acknowledgment of leave requests to an employee requesting leave, which must include: an explanation of the employee’s right to benefits; the approved duration of the leave and the amount of benefits payable; provisions on job protection and benefits continuation; prohibitions on employer discrimination and retaliatory personnel action; and the employee’s ability to file a claim with the designated County agency or a civil action alleging violations. In addition, beginning one year after the effective date of the regulations an employer must file a certification with the applicable County agency that it has complied with the provisions of the law during the preceding year, with such certifications required to be filed annually. In terms of the type notice that an employee seeking benefits must submit to an employer, when the need for leave is known at least thirty (30) days in advance, the employee must provide written notice of the need for leave and the proposed schedule at least thirty (30) days before leave begins. For other absences, notice must be given as soon as practicable. Employees must make a reasonable effort to schedule leave in a manner that does not unduly disrupt the employer’s operations.
Following the end of an approved leave, employers are required to restore employees to the position they held when the leave began or to a position with equivalent seniority, status, benefits, pay, and other terms and conditions of employment. Employers must maintain their employees’ established benefits throughout the leave period as though employment had continued without interruption. However, the employee would remain responsible for their ordinary share of benefit costs.
If paid parental leave also qualifies under the FMLA, the two leave entitlements would run concurrently.
Employers must also retain records documenting employee hours and parental leave usage for two years. In the event that is determined that an employer’s records are inadequate or the employer fails to provide the applicable County agency with reasonable access, the employer will be presumed to be in violation of the law unless the employer produces clear and convincing evidence to the contrary.
An employer who willfully violates the law may be penalized up to One Hundred Dollars ($100) for each separate offense, per day, per violation, although no fines will be imposed during the first calendar year after the effective date of the law. In addition, the law also provides a mechanism for employees to bring a civil action against an employer for a violation of the law. Courts are permitted to impose reasonable attorneys’ fees and costs against an employer if a judgment is assessed against them.
The law takes effect one hundred and eighty (180) days after October 22, 2026, or April 20, 2027.
The new law creates a substantial employer-funded benefit with additional notice mandates that employers must be cognizant of and in compliance with upon the effective date of the law.
Please contact the attorneys at MBM Law with any questions as to the implementation of the law.
As Senior Counsel at MBM Law, Peter J. Halesey specializes in labor and employment law, and also focuses on municipal and education law. He represents municipalities and school districts in grievance arbitrations, collective bargaining negotiations, and employment-related litigation.
