Allegheny County is getting one step closer to potentially finalizing new requirements for all employers, regardless of size, to provide up to 18 weeks of job-protected and paid parental leave. Since earlier this year, Allegheny County Health Department (ACHD) has held public hearings on the proposal, extended the comment period, and received more than 1,400 formal comments. The Board of Health is now scheduled to reconvene on September 16, 2026, where it could take final action on a revised version of the proposal. Here’s what employers should know about the status of the amendment and what to watch for at the September meeting.
What Did the Board of Health Actually Approve?
The Board approved aproposed amendmenton May 13, 2026, that added a new paid parental leave framework to the paid sick leave rules in Article XXIV of the ACHD Rules and Regulations. This is the same regulatory vehicle the County used toenact its 2021 Paid Sick Leave Ordinance, and it reflects a deliberate choice to move through the Board of Health rather than through County Council legislation. Board of Health rules move faster, face fewer political checkpoints, and are administered directly by ACHD.
What Are the Proposed Paid Parental Leave Requirements?
Under the initial proposal, every employer in Allegheny County would be subject to the paid parental leave mandate – there are no exceptions for small employers. Here’s an overview of the key details:
- Employee Eligibility:30 days of service with the employer.
- Leave Length:Up to 18 weeks of paid parental leave.
- Qualifying Events:Birth, adoption, or legal placement of a minor (including foster care).
- Use Window:Within the first 12 months following the qualifying event.
- Intermittent Use:Permitted, so long as the leave falls within the 12-month window.
- Two Parents at the Same Employer:May take leave concurrently or consecutively.
- Rate of Pay:Time is compensated at the same base rate of pay an employee would have earned at the time of their use of Paid Parental Leave.
- Notice to Employees:Upon initial hiring of an employee and annually thereafter, employers must provide written notice of the Parental Paid Leave requirements.
Two Board members also raised expanding coverage to miscarriage and fetal loss. That language is not in the current draft but may surface in the anticipated revision.
What Are the Proposed Changes to Paid Sick Leave in the Initial Proposal?
Since 2021, Allegheny County employers with 26 or more employees have been required to permit employees to accrue one hour of paid sick time per 35 hours worked within the county, up to 40 hours per year. Under the new proposed rule, employers of all sizes would have paid sick time obligations, and employees will accrue paid sick time at a faster rate:
- All employees,regardless of the size of the employer, would be entitled to accrueone hour of paid sick time for every 30 hours workedwithin the county.
- If an employer has15 or more employees, paid sick time accruals for each employee wouldmax out at72 hours per year.
- If an employer hasfewer than 15 employees, paid sick time accruals for each employee wouldmax out at48 hours per year.
Other Key Provisions
The proposed amendment makes additional overall changes, including:
•boosting anti-retaliation protectionsand specifically defining “retaliatory personnel action” as any threat, discipline, discharge, suspension, demotion, reduction of hours or other adverse action taken against an employee for exercising their rights related to paid sick leave or paid parental leave;
•obligating employers to provide designated paid and parental leavethat accrues and is calculated separately from other paid leave offered by the employer – even if an employer has a paid leave policy that makes available paid sick leave sufficient to meet the rules requirements; and
•requiring an employer to provide written notice to employeesprior to any authorized disclosure of health information about an employee or an employee’s family member.
What’s Happened Since May?
The Board held apublic hearingon June 2, 2026 where it heard in-person and virtual testimony from both supporters and opponents, with many in opposition being small business owners, nonprofits and business coalitions. Following that hearing and in response to the amount of comments, ACHD extended the written comment and held an additional meeting onJuly 15, signaling revisions before a final vote. The Board did not take final action on the proposal during the July 15th meeting and instead, Director Dr. Iulia Vann thanked commenters for their input, stating that the department is considering changes to the proposal before it returns for a vote.
Business Community Opposition of Current Proposal
Business commenters like the Pennsylvania Chamber of Business and Industry and the Allegheny Conference on Community Development oppose the proposal in its current form, identifying concerns with the proposal’s scope, cost, and potential impact on small and mid-sized employers. Issues that have been highlighted by businesses include:
- Length of leave.The proposal’s 18 weeks surpasses the length of leave in the 14 states that currently mandate paid parental leave.
- Wage replacement rate.The proposal requires 100% wage replacement with no cap, while comparable state programs replace roughly 70-90% of wages and cap benefits at a weekly maximum ranging from about $900 to $1,600.
- Funding source.The proposal places the entire cost on employers, where existing state program funds paid parental leave through a public insurance pool and not through direct employer payment.
- No small-employer carve-out.The proposal would apply to every employer in the County with no minimum employee threshold. Compare that to the County’s own existing paid sick leave rule, which applies only to employers of 26 or more.
- Hiring disincentives.Commenters have argued that the 18-week mandate could disincentivize the hiring of employees perceived as more likely to use the benefit.
What to Watch for the September 16 Meeting
Public statements at the July meeting strongly suggest that ACHD will introduce a revised proposal for the September vote. Based on commenters’ concerns, this could include revisions to the funding mechanism, length of leave, and/or the wage replacement rate. That said, the underlying policy direction, including the absence of a small-employer carve-out, has strong support from County Executive Sara Innamorato and the Board.
Despite potential changes, employers should consider that the proposal continues to move through the Board of Health regulatory track and not through County Council legislation. If the Board of Health approves the revised proposal on September 16, it will then move to County Council for approval before being sent to the County Executive for signature. The policy would take effect 180 days after enactment.
What Should Employers Do Now?
1. Attend or monitor the September 16 Board of Health meeting.The meeting will be held at 5:30 p.m. on Wednesday, September 16, 2026, in the Gold Room (Room 410) of the Allegheny County Courthouse, 436 Grant Street, Pittsburgh. The meeting will also be streamed on theAllegheny County YouTube page. Employers who wish to speak must submit a Public Hearing Participation Form at least 24 hours in advance. Written comments may still be submitted to the Board through the ACHD contact form and will be summarized at the meeting.
2. Review the anticipated revised proposal.We expect ACHD to release a revised policy in advance of the September 16 meeting. Employers should pay close attention to any changes.
3. Continue to audit and benchmark your current parental leave policy.Regardless of the anticipated revisions, Employers should evaluate whether their existing paid parental leave benefit meets or exceeds policy and whether it covers all qualifying events.
4. Identify employees within the County.Identify which employees, including remote, hybrid, and other employees, perform work within the geographic boundaries of the County.
5. Prepare for multilayered compliance.County employers should prepare for a scenario in which the County rule, a future state law, and the FMLA would all apply to the same leave event.
6. Look for more detailed updates.We will be monitoring the September 16 Board of Health meeting and any other developments to provide you with the most up-to-date information.
Conclusion
Make sure you are subscribed toFisher Phillips’ Insight Systemto get the most up-to-date information. If you have any questions, contact the authors of this Insight, your Fisher Phillips attorney, any attorney in ourPittsburgh office, or any member of ourEmployee Leaves and Accommodations Team.
