Fast Facts About Allegheny County’s Proposed Paid Parental Leave

Wondering how the Allegheny County (PA) Department of Health’s Paid Parental Leave proposal will affect you and your business? Here are fast facts about the proposal, which would amend the County’s Paid Sick Leave Regulation:

Definitions:

1. Employer means any organization that employs one or more individuals, except federal or state governments. This means nearly every organization will be covered.
2. Paid Parental Leave means at least eighteen (18) weeks taken to care for the child, during which time the employee will receive their base pay and benefits. This would be the most generous leave in the country.

Provisions:

1. Employees are eligible after thirty (30) days of employment.
2. Employees must receive notice of the paid leave benefit at the time of hire and annually thereafter.
3. Employers must provide written acknowledgment (containing specific information) to an employee when the employee requests leave.
   a. Employees may provide oral notice of the need for leave.
4. Married individuals or domestic partners employed by the same employer are both entitled to Paid Parental Leave, and such leaves may be concurrent.
5. Paid Parental Leave benefits’ payments must start no later than one week after the request is submitted or the leave is scheduled to begin. No explanation of how this would work for employers that do not pay weekly.
6. Leave can be taken non-sequentially on an intermittent or reduced-schedule basis.
7. Employees returning from Paid Parental Leave must be restored to the job they had when they started leave or to a job “with equivalent seniority, status, employment benefits, pay, and other terms and conditions of employment.” Similar to Family and Medical Leave Act restoration requirements.
8. Health care benefits must be maintained during leave, although employees are to pay their contributions (if any) based on what they were paying when leave started.
9. Paid Parental Leave can run concurrently with Family and Medical Leave Act (FMLA) leave.
10. Other available paid leave (e.g., under a collective bargaining agreement), if taken at the employee’s option, will count against the available time for Paid Parental Leave.
11. More generous leave, if available under collective bargaining agreements, employer policies, or other Federal or State law, applies rather than this Paid Parental Leave.
12. Employers are responsible for funding Paid Parental Leave, although they may do so under a self-funded plan or through an insurance policy. Many states with paid parental leave programs fund the payments through withholding, similar to what Pennsylvania does for unemployment compensation. Allegheny County’s plan puts the onus on employers to determine funding.
    a. But if an employer self-funds, it must furnish a bond running to the County. Additionally, within five (5) days of receipt of the bond, the employer must notify employees of the availability of the private plan.

Protections:

1. Employees are protected from interference in or retaliation for exercising their rights to Paid Parental Leave.
2. Paid Parental Leave cannot be considered absences for attendance (and disciplinary) purposes.
3. Collective bargaining agreements renewed or signed and employer policies adopted or maintained after the effective date of these amendments cannot diminish the leave to be provided.
4. An agreement that would require an employee to waive their rights to Paid Parental Leave will be void because it would be against public policy.
5. Employees may file state civil suits for damages based on violations of the law. If successful, in addition to damages, employees could recover attorneys’ fees and costs from employers.  

If the amendment passes, it will become effective in 180 days. Here’s the link for more information: Full Proposed Amendment 

With the recent extension of the public comment period, if the amendment is approved, the effective date will likely be in 2027. In the meantime, we’re here to help. Contact Jean Novak at jnovak@smgglaw.com if you have questions.

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