EMPLOYMENT LAW NEWS

Allegheny County Paid Sick Leave Effective Date

By Jana Bjorklund, GovDocs Senior Counsel and Director, Employment Law and Compliance
Published Jan. 13, 2022

Allegheny County Paid Sick Leave Effective Date

The Allegheny County Department of Administrative Services recently issued guidance and FAQs, which state that the law took effect on Dec. 15, 2021. This is contrary to the specific language of the paid sick leave ordinance. 

The Allegheny County paid sick leave effective date? It has been changed.

For a refresher, the Allegheny County Council in September 2021 passed a paid sick leave ordinance. It requires employers to provide employees working within Allegheny County with 40 hours of paid sick time annually.

The home of Pittsburgh, Allegheny County is the second-largest county in Pennsylvania by population.

Allegheny County Paid Sick Leave Effective Date

The Pennsylvania county’s paid sick leave law outlined a unique effective date, indicating the provisions of the law were to take effect 90 days after a designated agency posted a notice for employers to provide their employees about the law on the county website.

The notice was posted on the website Dec. 15, 2021, making the effective date for compliance with the law March 15, 2022, pursuant to the provisions of the law.

However, the Allegheny County Department of Administrative Services (ACDAS) recently issued guidance and FAQs, which state that the law took effect on Dec. 15, 2021. This is contrary to the specific language of the paid sick leave ordinance.

The guidance does indicate:

“(A)ny conflict between the Allegheny County Sick Leave Ordinance and these Guidelines, the Sick Leave Ordinance shall prevail.”

Also of note is that the ACDAS, which is responsible for enforcement of the law, has indicated it will not impose fines or penalties for one year following the effective date — so until Dec. 15, 2022, according to its interpretation of the effective date.

Allegheny County Paid Sick Leave Journey

ABCs of Paid Leave Tip SheetThe paid sick leave ordinance in Allegheny County has taken a circuitous path to become law (including the effective date).

The county council in March 2021 passed the paid sick leave ordinance. But the Allegheny County executive vetoed the law, saying it might face legal challenges in its initial version.

Officials held public hearings and later referred the ordinance the Allegheny County Health and Human Services Committee for consideration. It was finally approved on Sept. 14, 2021, but the effective date wasn’t known.

Of course, now employers have seen two different effective dates for the Allegheny County paid sick leave ordinance.

Find more information on the law in previous posts from Employment Law News and Employment Law Minute:

Conclusion

This latest update to the Allegheny County paid sick leave effective date may have caught employers off guard.

Employers with locations in Allegheny County may want to discuss this issue with their counsel to ensure they are managing appropriate compliance with the paid sick leave law.

This Employment Law News blog is intended for market awareness only, it is not to be used for legal advice or counsel.

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