Guide to (and Guidance About) Allegheny County Paid Parental Leave

On October 20, Allegheny County Council, by majority vote, passed Paid Parental Leave legislation. County Executive Sara Innamorato signed the legislation the following day. There has been confusion about what the legislation means for businesses.

Here’s a short overview of key provisions and suggested action to take now in preparation:

• Covered Employers – Employers situated or doing business in Allegheny County with 15 or more regular full- or part-time employees are subject to the legislation. Such employers must have employees who have worked in Allegheny County for at least 80 hours a year. Coverage is based on where the employees work, not where the employer is located.
  • ACTION PLAN: Confirm covered employer status.
• Eligible Employees – Full-time employees must work at least six continuous months (180 days) with the covered employer. Part-time employees must work at least 625 hours in six continuous months (180 days). Coverage includes both parents. Employees must work in Allegheny County for at least 80 hours a year. For example, if an employee works in Butler County but never works in Allegheny County, the employee is not eligible for benefits regardless of where the employer is located.
  • ACTION PLAN: Determine which employees may be eligible based on length of service.
• Leave Period – Maximum required leave is twelve (12) weeks, taken within the first year (12 months) after birth, adoption, legal permanent placement, or stillbirth (fetal death).
  • ACTION PLAN: Review current leave policies, including policies that rely on short-term disability benefits to cover pregnancy and birth leaves.
  • Revise policies as necessary, particularly if using single paid time off designation instead of separate policies for different types of paid time off.
  • Plan for temporary replacements while employees are on leave. (Employees must be reinstated at the end of leave.)
• Stillbirths Covered – Employees (both parents) may take leave for stillbirths. Available leave for eligible employees is twelve (12) weeks.
  • ACTION PLAN: Review leave policies to include stillbirth-related leave for both parents.
• Full-pay and Benefits Payable – Employees will receive their base pay (up to a maximum of $4200 per week) and benefits while on leave.
  • ACTION PLAN: Develop a financing plan for leaves (or portions of leaves) not covered by current insurance or self-insurance budgeting. Start talking with their financial and insurance professionals now. (Even if there are legal challenges to the legislation, it will be better to have a plan and not need it than to need a plan and not have it.)
  • Plan for supplemental payments if short-term disability does not cover 100% of pay.
• FMLA Leave Effect – For employers with 50 or more employees, Paid Parental Leave and FMLA leave will run concurrently.
  • ACTION PLAN: Review current FMLA leave policies and revise them to establish that Paid Parental Leave and FMLA leave run concurrently.
• Verification Permitted – Employees are required to request leave in writing and provide reasonable documentation (based on the reason for leave), such as a birth certificate, stillbirth or fetal death documentation, adoption records, or placement records.
  • ACTION PLAN: Revise policies to include a description of what will be required to request leave. For example, a standardized form with a list of documents to be submitted based on the leave requested.
• Spouses and Domestic Partners Covered – Employers are required to provide paid leave to both parents, including parents who are not married. If both parents work for the same employer, both parents may take leave even if they do so concurrently.
  • ACTION PLAN: Revise policies to comply with the requirement that parents be permitted to take leave concurrently.
• Notice – Written notice of the availability of paid parental leave must be given at the time the employee is hired and annually thereafter.
  • ACTION PLAN: Develop a standard notice form and set reminders for annual distribution.
• Effective Date – One hundred eighty (180) days after October 20, 2026, with an additional 180 days for businesses to implement the requirements.
  • ACTION PLAN: Start making plans now. October 20, 2027, will be here sooner than you think.

While we wait for additional guidance from the county, please contact Jean Novak at jnovak@smgglaw.com if you have questions.

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