Pennsylvania’s Allegheny County Mandates Paid Parental Leave
In an unprecedented legislative action, on October 22, 2026, Allegheny County, Pennsylvania, became the first county in the nation to adopt an employer-funded paid parental leave mandate. The new regulation establishes expansive paid parental leave requirements for private employers and expands the county’s existing paid sick leave rules. Specifically, the regulation requires covered employers to provide up to 12 weeks of employer-funded paid parental leave for qualifying family events and increases the amount of paid sick leave employees may accrue.
The regulation becomes effective no earlier than 180 days after its approval, or approximately April 20, 2027. Employers will then have an additional 180 days to implement the new requirements, making October 2027 the anticipated compliance deadline.
What are the New Allegheny County Paid Parental Leave Requirements?
Covered Employers and Employees
The paid parental leave requirements apply to employers situated or doing business within Allegheny County that employ 15 or more employees. Employers with fewer than 15 employees are exempt from the paid parental leave mandate but must still comply with the expanded paid sick leave requirements discussed below.
The regulation generally covers employees who perform at least 80 hours of work within Allegheny County during a designated 12-month period. Accordingly, employers located outside Allegheny County may also be subject to the requirements if they have remote, hybrid, or traveling employees who meet this 80-hour threshold. These employers must be especially careful to track hours worked by traveling employees whose service area covers multiple counties and includes, but is not limited to, Allegheny County.
To qualify for paid parental leave, employees must have worked continuously for a covered employer for at least 180 days (six months). Part-time employees must also have worked at least 625 hours during the applicable six-month period. Temporary and seasonal employees, along with certain other categories of workers, are excluded.
Leave Entitlement and Compensation
Eligible employees may receive up to 12 weeks of paid parental leave following a qualifying event: the birth of a child; stillbirth or fetal death; adoption of a child; or legal permanent placement of a child, including qualifying foster case placements. Employees who are married or domestic partners and employed by the same employer are both eligible for benefits, even when the leave runs concurrently.
The leave must be taken within 12 months of the qualifying event and may be taken in increments during that period. Employers must compensate employees at their regular base rate of pay, subject to a maximum of $4,200 per week, and maintain applicable employment benefits during the leave. For part-time employees, compensation is calculated using their current hourly rate and average weekly hours worked during the preceding six months.
When leave also qualifies under the federal Family and Medical Leave Act (FMLA), the two leave entitlements run concurrently rather than consecutively. Employees cannot receive paid parental leave benefits when they are receiving workers’ compensation or unemployment compensation benefits.
Upon return from leave, the employee must be restored to their position or to a position with equivalent seniority, status, employment benefits, pay and other terms and conditions of employment.
Employee Notice Requirements
When the need for leave is known to the employee at least 30 days in advance, the employee must provide written notice of the need and schedule for taking leave at least 30 days before taking leave. The employee must make a reasonable effort to schedule leave in a manner that does not unduly disrupt the operations of the employer. For all other absences, the employee must notify the employer as soon as practicable, including if the need arises immediately before or after the employee has reported for work.
An employee must provide documentation substantiating the need for leave. Employees also must provide a written schedule reflecting how they will use the leave and the anticipated dates of the leave.
Employer Notice and Acknowledgement
Upon hire, and annually thereafter, an employer must provide written notice of the paid parental leave benefits.
An employer must also provide a written acknowledgment to an employee when the employee requests paid parental leave. The acknowledgment must include:
- An explanation of the employee's right to paid parental leave benefits and the terms for the use of the benefits.
- The approved duration of leave and the amount of benefits payable, including application of the maximum weekly paid benefit where applicable.
- Provisions on job protection and benefits continuation.
- The prohibition on employer discrimination and retaliatory personnel action against a person for requesting or using leave.
- The employee's ability to file a claim with the Allegheny County Health Department or file a civil action alleging a violation.
An employer must approve or deny the claim within 10 business days of receipt. If the employer fails to do so, the employee may file a complaint with the Allegheny County Health Department, which is required to make a final determination within three business days.
Employer Obligation and Enforcement
Employers must establish procedures for reviewing leave requests, providing required notices, and maintaining records for at least two years. Employers must also submit annual compliance certifications to the Allegheny County Health Department beginning one year after the regulation's effective date. The regulation prohibits interfering with requesting or using paid parental leave, retaliating or discriminating against employees, and counting paid parental leave under an absence control policy.
Violations may result in civil penalties of up to $100 per day, per violation, and employees may pursue additional legal remedies.
What are Allegheny County’s Expanded Paid Sick Leave Requirements?
The regulation also expands Allegheny County’s existing paid sick leave requirements, which apply regardless of employer size. First, employees will accrue sick leave at the rate of one hour for every 30 hours worked instead of one hour for every 35 hours worked. Second, the amount of sick leave employees may accrue has been increased. For employers with 15 or more employees, employees may accrue up to 72 hours of paid sick leave annually. For employers with fewer than 15 employees, employees may accrue up to 48 hours annually.
What are the Next Steps for Employers in Allegheny County?
Allegheny County employers should review their workforce to determine coverage for paid parental leave requirements and, if covered, revise their policies and procedures accordingly. Contact your lawyer for assistance in complying with the new mandate.
