On March 9, 2021, Allegheny County Council passed the Paid Sick Days Act (the "Act") which will require most employers in Allegheny County to provide up to forty (40) hours of paid sick time to employees each year. The City of Pittsburgh enacted similar legislation in March 2020. The Allegheny County Executive, Rich Fitzgerald, is expected to sign the legislation, which will then take effect ninety (90) days after regulations are posted. To avoid unintended missteps when the Act takes effect, employers should start preparing now by reviewing the Act with legal counsel to ensure that their employee policies will be in compliance.

The Act will apply to all employers with twenty-six (26) or more employees and will provide one (1) hour of paid sick time for every thirty-five (35) hours worked by an employee with a cap of forty (40) hours per year. Exempt employees are presumed to work forty (40) hours per week. The Act excludes independent contractors, state and federal employees, seasonal employees and members of a construction union covered by a collective bargaining unit. An employer who already has a paid sick leave policy that meets or exceeds the standards in the Act for accrual and use of paid sick time will not need to provide additional paid sick time.

The Act will regulate a number of issues regarding paid sick time, including:

• When employees can begin utilizing paid sick time after they are hired;
• Carryover of unused paid sick time from year to year;
• Employer obligations regarding unused paid sick time upon termination/rehire of employees;
• The reasons for which an employee may use paid sick leave;
• Paid sick time utilization during a declared public emergency;
• Notice and documentation requirements for the use of paid sick time;
• Time increments in which an employer must allow employees to utilize paid sick time;
• Obligations for a successor of employer for accrued paid sick time;
• Prohibitions on retaliation for use of paid sick time; and
• Enforcement provisions for noncompliance with the Act.

While the Act may not be implemented for three months or more, employers should take action now to prepare to implement the Act in order to avoid penalties for noncompliance.

For more Information:
The Bowles Rice Labor and Employment Law Team is closely monitoring Allegheny County's Paid Sick Days Act. To discuss implementation of the Act for your business, or for general assistance in updating your employee policies and procedures, please contact one of our Southpointe attorneys listed below.