In September, Allegheny County Council passed an ordinance that requires certain employers in Allegheny County to provide up to 40 hours of paid sick leave to their employees. On December 10, 2021, the County’s Department of Administrative Services launched a website with guidelines, frequently asked questions, and a sample of the notice that employers must post to notify employees about their rights under the ordinance. Here are the top five things employers need to know about the ordinance.

1. What Does the Ordinance Require Employers to Do?
At a high level, any employer with 26 or more employees that is situated or doing business in Allegheny County must provide employees with at least one hour of paid sick time for every 35 hours worked within Allegheny County. The total paid sick time employers must provide is capped at 40 hours (however, the employer may always choose to offer more).The ordinance defines the reasons employees may use their paid sick time. For example, the employee can use paid sick time for their own or a family member’s illness. Paid sick time can also be used when an employee’s child’s day care or school closes due to a public health emergency, and the employee needs to care for the child. Employers should carefully review the reasons employees may take paid sick time to ensure they allow employees to use that time in accordance with the ordinance.

2. When Does it Become Effective? 
The ordinance, passed in September, becomes effective on December 15, 2021. By December 15, employers must post a sign notifying employees of their rights to paid sick time under the ordinance.  The County prepared a sample notice for this purpose, and employers should generally use it to meet this obligation. Additionally, current employees must begin accruing paid sick time as of December 15, but employers need not permit employees to use that accrued paid sick time until March 15, 2022 (90 days after December 15). How and whether the March 15 date impacts an employer will depend on whether they are front-loading the paid sick time or using an accrual method (both are permitted by the ordinance). 

3. How Does It Interact with the City of Pittsburgh’s Paid Sick Days Act?
Employers located in or who have employees working in the City of Pittsburgh may be wondering how the two sick leave laws interact. The good news for Pittsburgh employers is if you are already complying with the City of Pittsburgh Paid Sick Leave Act, then you’re also likely meeting the primary criteria for the Allegheny County ordinance. In addition, the Allegheny County ordinance does not apply to municipalities in Allegheny County, like Pittsburgh, that have enacted a paid sick time law that is not less stringent than Allegheny County’s. The City’s Paid Sick Leave Act is at least as restrictive as the County’s ordinance. Give your labor and employment attorney a call if you need specific direction on the interaction of these laws. 

4. Can Employers Use an Existing Paid Time Off Policy to Comply?
If an employer already offers a paid time off policy that meets or exceeds the ordinance’s requirements, whether it is titled as vacation, paid sick, or otherwise, the employer does not need to implement a new policy or offer sick time in addition to what they currently provide. Employers must bear in mind, however, that all of the requirements of the ordinance apply. For example, employers must keep records of paid sick time used by employees as required by the ordinance, and they must also post the required Notice. Additionally, employers must carefully check the procedures applicable to their paid time off policy to be sure they line up with the ordinance’s requirements. For example, the ordinance sets limitations on when an employer can request medical documentation to verify the use of paid sick time that may differ from an employer’s usual practice. Only after the employee uses paid sick time for three consecutive days can the employer request reasonable documentation to prove the employee’s purpose. Any documentation signed by a health care professional that says the use of paid sick time is necessary must be considered reasonable documentation. Keep in mind, too, that employers are not permitted under this ordinance to require the employee to explain the precise nature of the illness. Accordingly, employers should check all of the procedures associated with their paid time off policy to determine compliance with the ordinance. 

5. What If an Employer Is Not Located in Allegheny County but Has Remote Employees Working There?
As employers adjust to managing a remote workforce, it is critical for them to comply with the local laws and ordinances in place where their employees are working. Even if an employer’s company is not based in Allegheny County, if employees work from home within the County, the County’s ordinance applies to them. The law requires paid sick leave for “every 35 hours worked within the geographical boundaries of Allegheny County,” and that applies to remote workers as well.

The County provides some grace to employers as they work to navigate the ordinance. Although the ordinance is active and enforceable, fines may not be imposed for violations for one year after the ordinance’s effective date. No fines will be levied by the County until December 15, 2022. The labor and employment attorneys at Dentons Cohen & Grigsby are here to advise employers on how to comply with their local employment laws and provide best practices to solve new legal and business problems.