e-Alert: Allegheny County, Pennsylvania, Passes Paid Sick Leave Ordinance

Background

On September 14, 2021, Allegheny County, Pennsylvania, passed an ordinance requiring employers with at least 26 employees to provide paid sick time to their employees.

Summary

Eligible Employees:

• All employees, except for seasonal workers and independent contractors, are eligible for paid sick time through the ordinance.
• It is important to note that this leave does not apply to state and federal government employees.
• Employers in Pittsburgh, Pennsylvania, are not bound to this ordinance. For employers in Pittsburgh, the Pittsburgh Paid Sick Days will prevail.

Accrual:

• Employees start accruing leave immediately upon hire but may not use it until after 90 days of service with the company. Eligible employees will accrue one hour for every 35 hours worked and will be eligible to accrue up to 40 hours annually.
• Employers with a paid sick time policy equal to or greater than the benefit outlined in the ordinance are not required to provide additional sick leave on top of their original policy.

Qualifying Reasons for Paid Sick Time:

• To care for the employee’s mental or physical illness, injury, or health condition. This includes an employee’s need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition, and an employee’s need for preventive medical care.
• To care for a family member with a mental or physical illness, injury, or health condition. This includes care for a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition, and the family member’s need for preventive medical care.
• If an employee’s place of business is closed due to a public health emergency or their child’s school or place of care has been closed due to a public health emergency. This includes when an employee needs to care for a family member it the health authorities having jurisdiction, or a health care provider have determined that the family member’s presence in the community would jeopardize the health of others because of their exposure to a communicable disease. This stands true whether or not the family member has contracted the communicable disease.

Documentation:

• Employers are required to provide written notice to their employees of their paid sick time.
• The notice must include eligible reasons to take leave and the amount of leave the employee is entitled to.

Employers must keep detailed timekeeping records for a minimum of two years. The county department reserves the right to obtain these records at any time. Employers should ensure their documentation is kept up to date in the event of a spot-audit from a county agency.

Employers Next Steps

• Review your existing policies to ensure compliance with the Allegheny County Paid Sick Time ordinance.
• Provide written notice to all employees of their paid sick time policy.
• If you are a Full-Service or Virtual HR client and would like our assistance with updating your paid sick time policy, please email us.

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This content is provided with the understanding that HR Knowledge is not rendering legal advice. While every effort is made to provide current information, the law changes regularly and laws may vary depending on the state or municipality. The material is made available for informational purposes only and is not a substitute for legal advice or your professional judgment. You should review applicable laws in your jurisdiction and consult experienced counsel for legal advice. If you have any questions regarding this content, please contact HR Knowledge at 508.339.1300 or email us.