Legal Insight
- November 5, 2026
Legal Insight
On October 20, 2026, the Allegheny County Council voted 11-4 to approve legislation requiring covered employers to provide eligible employees with up to 12 weeks of paid parental leave. The vote is a major step toward making Allegheny County, Pennsylvania, the first county in the nation to guarantee paid parental leave. The measure now goes to County Executive Sara Innamorato, who is expected to sign it. This change will require many employers to revise their leave policies and budget for a benefit funded entirely by employers, without a county subsidy. Employers in Allegheny County should begin preparing for the change.
When employers must comply
Employers should plan for implementation in approximately fall 2027. The measure implements a one-year transition following the County Executive’s signature. The regulatory text makes the amendments effective no fewer than 180 days after passage and requires implementation within another 180 days. Employers should prepare early to ensure compliance and track the final progress of the regulation as it begins to take effect.
Which employers and employees are covered
The new paid parental leave requirement applies to employers with at least 15 employees that are located in or do business in Allegheny County. To be eligible, an employee must perform at least 80 hours of work in the county annually. The policy follows the same geographic approach as the county’s existing paid sick leave requirements. Accordingly, an employer based outside the county may still be subject to the paid parental leave policy when its employees perform work within the borders of Allegheny County. Federal and state government employers are excluded. Additional coverage exclusions include independent contractors, temporary and seasonal employees, and specified construction union employees covered by collective bargaining agreements.
Full-time employees qualify after 180 continuous days of employment. Part-time employees must have worked at least 625 hours during that period. Qualifying events include birth, stillbirth, adoption, and legal permanent placement of a child.
The stillbirth provision is a unique aspect of the legislation; it allows either eligible parent to take paid leave to address physical and behavioral health needs arising from the stillbirth, including recovery from childbirth where applicable. Employers will need to distinguish this specific protection when updating their leave policies in response to the legislation.
Employers bear the cost
The paid parental leave policy requires covered employers to bear the cost of the benefit, either by paying employees directly during leave or by purchasing private insurance that covers paid parental leave. The county is not establishing a publicly funded benefit or reimbursing employers for wage payments. The benefit replaces 100% of covered pay, subject to a maximum weekly benefit of $4,200. Leave generally must be used within the first year following the qualifying event. For an employee receiving the maximum benefit, 12 weeks would total $50,400. Although employers will need to account for the cost of covering an employee’s duties during the absence, the employee’s leave is protected, meaning eligible employees are guaranteed that their jobs and health benefits will be protected while they are on leave.
Violations carry financial consequences
Eligible employees whose leave requests are denied or not decided within the required time may file a complaint with the county, which may direct the employer to provide the benefits due. Violations can result in penalties of up to $100 per day, per violation; however, the general enforcement provision includes a one-year grace period for agency fines.
Separately, Section 2420 of the county’s posted regulatory text authorizes employees to bring civil actions for violations of the employment protection, benefit coordination, and notice requirements in Sections 2415, 2416, and 2418. An employee who obtains a judgment under that provision is also entitled to reasonable attorney’s fees and costs. Covered employers should therefore account for both county enforcement and potential litigation when preparing their policies.
Preparing for the transition
Employers should begin by reviewing employee headcounts and work locations, particularly where employees work across county lines or remotely. Existing parental leave and paid time off policies should be evaluated before assuming they satisfy the new requirements. Human resources and payroll teams should assess the financial impact, consider private coverage, and prepare procedures for reviewing leave requests and communicating with employees. Employers should also review how the new benefit will coordinate with other leave obligations and train supervisors who handle requests or attendance issues. It is also essential for covered employers to begin looking at budgets now to account for the cost of providing paid parental leave and any additional staffing expenses associated with covering employee absences.
Steptoe & Johnson PLLC’s Labor & Employment Compliance team is available to help employers prepare for this transition, including assessing coverage, updating handbooks and leave policies, and developing procedures for administering the new benefit. Please contact the author of this alert or your Steptoe & Johnson attorney for assistance preparing your organization for these changes.