Paid Sick Leave FAQs

The general purpose of Allegheny County's Paid Sick Leave Ordinance is to provide paid sick time to Employees to prevent and control the transmission of illnesses and disease among coworkers and to allow Employees and their families to have the time to recover from the illness and thereby reduce the likelihood of more severe illness, hospitalizations and loss of work. The Allegheny County Board of Health approved an amendment to its Rules and Regulations to add a new Article XXIV entitled “Paid Sick Days.” Allegheny County Council then ratified the Health Department's Paid Sick Days Rules and Regulations by passing Bill No. 11988-21. The Allegheny County Chief Executive signed the bill and the bill thereby officially became a County ordinance - Ordinance No. 15-21-OR (the “Allegheny County Paid Sick Leave Ordinance”).

The County's Guidelines for administering the County Sick Leave Ordinance are current and will remain in effect until rescinded or superseded. The County, through its Department of Administrative Services, the department authorized by the County Manager to oversee the County Sick Leave Ordinance, can revise or replace these Guidelines or a portion thereof at any time. Any updated Guidelines will be posted on the County's Paid Sick Leave Act page.

The County Paid Sick Leave Ordinance went into effect on December 15, 2021.

However, pursuant to Section 2408 C of the County Ordinance states: "[N]o fines shall be levied by the Agency (i.e. Administrative Services) against any employer within one calendar year of the effective of this [Ordinance]." Thus, although the County's Paid Sick Leave Ordinance is active and enforceable, fines may not be imposed for violations for one year after the Ordinance's effective date.

All Employees shall be entitled to use accrued Sick Time beginning on the ninetieth (90) calendar day following the commencement of their employment.

Accrual of Paid Sick Time will commence on December 15, 2021, for then-current employees. All Employees who become employed after December 15, 2021, shall begin to accrue Paid Sick Time at the commencement of their employment.

Yes. Nothing in the Ordinance shall be construed to discourage or prohibit an Employer from the adoption or retention of a Paid Sick Time policy more generous than the one required by the Ordinance.

No, an Employer that currently provides time off, be it titled as vacation, paid sick, or otherwise, that meets or exceeds all requirements under the Ordinance has satisfied its obligation to provide Paid Sick Time and is not required to offer additional time.

Yes. As long as an Employer provides all Employees with their entitled benefits under the Ordinance, an Employer may use different methods to provide Paid Sick Time.

No. As stated in Section 9 (b) of the County's Guidelines, an Employer is not required to pay out unused Paid Sick Time hours at the end of an employment relationship.

Yes, the Ordinance's Notice and Documentation requirements would still apply. An Employer, however, may supplement a posted notice to indicate that an Employer's policy is already in compliance.

Yes, the County's Sample Notice Form is sufficient to satisfy the notice requirements if properly posted by an Employer.

There is no specific record keeping method required by the Ordinance. However, Section 10 (a) of the Guidelines recommends that Employers “choose a reasonable system for providing notification of accrued Paid Sick Time, including listing updated amounts of Paid Sick Time available on pay stubs (e.g., regular payroll statements) or in an online system where Employees can access the information.” Additionally, Section 2407 A of the Ordinance and Section 10 (b) of the Guidelines require an Employer retain records documenting hours worked by employees and Sick Time taken by employees, for a period of two (2) years.

An Employer's failure to properly maintain records can have adverse consequences.

Under Section 2407 B of the Ordinance: “When an issue arises as to an Employee's entitlement to Paid Sick Time …, if the Employer does not maintain or retain adequate records documenting hours worked by the employee and Paid Sick Time taken by the Employee, or does not allow the Agency reasonable access to such records, it shall be presumed that the Employer has violated the [Ordinance], absent clear and convincing evidence otherwise.”

No, the owners of a business are not included in the head count to determine the rate of accrual and caps.

No. In no event can an Employee's bank of available Paid Sick Time hours exceed 40 hours. In this scenario, the Employee could not accrue further hours in the Calendar Year because that Employee began the year with 40 hours of available time. If instead only 20 hours were carried over, then the Employee could accrue up to 20 hours in that Calendar Year.

When an Employee has carried over or accrued an amount equal to 40 hours in a given Calendar Year, that Employee is not able to accrue further time in the Calendar Year. Consequently, an Employee can only use what is available at the time and as such would never be in a position to use greater than 40 hours of Paid Sick Time in any given Calendar Year.

No. All employees of an Employer are counted for purposes of determining the applicable accrual rate and caps regardless of presence in the County. However, the only Employees that will actually be receiving the time accrued are employees who perform work within the geographic boundaries of the County for at least 35 hours in a Calendar Year.

No. An employee must work 35 hours in a Calendar year within the geographic boundaries of the County to be an Employee eligible for Paid Sick Time. For example, an employee who works from home outside of the County and does not perform 35 hours of work within the County would not be eligible to accrue Paid Sick Time under the Act.

No, hours worked outside of the County limits do not count for purposes of accrual.

No. Pursuant to Section 4(b) of the Guidelines, the within-County portion of regular travel time into and out of the County, such as that performed by truck drivers or delivery services, may be calculated by reference to the average travel time for the particular route. This Guideline is intended to capture drivers or delivery services actually making stops within the County (i.e. working) rather than those simply passing through.

No, there is not an exception for churches or universities from compliance with the Act.

Under Section 2403 L of the Ordinance and Section 3 (k) of the Guidelines, any Employer with a collective bargaining agreement that makes available a sufficient amount of paid leave to meet the accrual requirements and that may be used for the same purposes and under the same conditions as paid sick time is not required to provide additional paid sick time.

Family Member is defined in Section 2402 of the Ordinance as: “(1) A biological, adopted or foster child, stepchild or legal ward, a child of a domestic partner, or a child to whom the employee stands in loco parentis; (2) A biological, foster, adoptive, or step-parent, or legal guardian of an employee or an employee's spouse or domestic partner or a person who stood in loco parentis when the employee was a minor child; (3) A person to whom the employee is legally married under the laws of any State; (4) A grandparent or spouse or domestic partner of a grandparent; (5) A grandchild; (6) A biological, foster, or adopted sibling; (7) A domestic partner; (8) Any individual for whom the employee has received oral permission from the employer to care for at the time of the employee's request to make use of Sick Time."

Under Section 11 (b) of the Guidelines, Employers must display a notice in English, Spanish, and any other primary languages of employees at the particular workplace. The County, through Administrative Services, is currently developing Notice Forms in English and in Spanish. Please check the County Website for updates on additional translated copies of the notice. Please note that an Employer ultimately bears the responsibility to translate and post the proper notice in any primary languages of employees at Employer's workplace, regardless of whether the County has provided a translated Notice Form.

According to Section 2403 E of the County's Paid Sick Leave Ordinance, an Employee may begin to use accrued Sick Time on the 90th calendar day following commencement of employment.

Section 2402 of the County's Ordinance defines a Calendar Year as “a regular and consecutive 12-month period, as determined by an employer and communicated to all employees.” A Calendar Year then is not necessarily fixed to the period of January 1 to December 31. Thus, an Employer may set the 12-month period for the Calendar Year.

There is no specific record keeping method required by the Ordinance. However, both the Ordinance and the Guidelines state that Employers are required to retain records documenting hours worked by employees and paid sick taken by employees, for a period of two (2) years.

Section 10(a) of the Guidelines advises that “[i]t is recommended that Employers choose a reasonable system for providing notification of accrued Sick Time, including listing updated amounts of Sick Time available on pay stubs (e.g., regular payroll statements) or in an online system where employees can access the information.”

If an Employer's record keeping method is sufficient under the Ordinance, Employers are free to maintain their own internal system to track hours.

Here are a few possible recommendations:

• Employers may assign their Employees with the task of recording and set up a system for employees to report that information to the Employer.
• Employers may require their Employees to track their own hours- particularly in instances where the Employee's work involves frequent passage in and out of the County.
• Employers can set an average time for certain tasks (like delivery, time for travel through the city, sales calls etc.) that is common in their line of work.

Note, however, that an Employer's use of any guidance here will not provide a defense to unsatisfactory or deficient record-keeping. Under Section 2407 B of the Ordinance, “When an issue arises as to an employee's entitlement to paid sick time under this section, if the employer does not maintain or retain adequate records documenting hours worked by the employee and paid sick time taken by the employee, or does not allow the Agency reasonable access to such records, it shall be presumed that the Employer has violated the Article, absent clear and convincing evidence otherwise."

Not necessarily. Under Section 2402 of the Ordinance, an Employer is defined as a “person, partnership, limited partnership, association, or unincorporated or otherwise, corporation, institution, trust, government body or unit or agency, or any other entity situated or doing business within the geographic boundaries of Allegheny County and that employs one (1) or more persons for a salary, wage, commission or other compensation.” If an individual's assets include separate entities constituting multiple Employers, each Employer's Employees would be counted separately for purposes of compliance with the Ordinance. Under the Ordinance, the definition of Employer does not include either of the following: (a) The United States Government; and (b) The State of Pennsylvania including any office, department, agency, authority, institution, association or other body of the state, including the legislature and the judiciary.

No. An Employer's notice requirements are delineated under Section 11 (a) of the Guidelines:

“As required by Section 2406 of the County's Paid Sick Leave Ordinance, an Employer shall display a sign at each worksite that provides notice to Employees of their rights to Paid Sick Time under the County's Paid Sick Leave Ordinance, available limits, and terms of use. The sign also must provide notice that retaliation against Employees who request, or use Paid Sick Time is prohibited and that an Employee has the right to file a complaint with the Agency if Paid Sick Time authorized by the County's Paid Sick Leave Ordinance is denied by the Employer or if the Employee is retaliated against for requesting or using accrued Paid Sick Time. A sample sign for this purpose (Notice Form) is provided on the County's Paid Sick Leave Act page.

Section 11 (g) of the Guidelines also states, “Employers must display the sign, in a conspicuous and accessible location where any of their employees work, in English, Spanish, and any other primary languages of the employees at the particular workplace. If display of a sign is not feasible, including a situation where the employee works remotely or does not have a regular workplace, Employers may provide the sign on an individual basis in the employee's primary language in a physical or electronic format that is reasonably conspicuous and accessible.”

The County's Ordinance will go into effect December 15, 2021.

However, pursuant to Section 2408 C: "No fines shall be levied by the Agency against any employer starting from the effective date of this Ordinance to one year after the effective date of this Ordinance." Thus, although the Ordinance is in effect and enforceable, fines may not be imposed for violations for one year after the effective date.

As stated in Section 2403 A of the Ordinance, “All employees shall be entitled to accrue paid sick time, as provided under the terms of this Article.” However, as Section 2403 B states, this requirement only applies if employers has 26 or more employees.

At Section 2402 of the Ordinance, “Paid Sick Time” is defined as “[t]ime that is compensated at the same base rate of pay, and with the same benefits, including health care benefits, as an employee would have earned at the time of their use of the paid sick time.”

Please see Section 7 of the Guidelines for further information on the appropriate rate of pay to compensate Paid Sick Time.

According to Section 7 of the Guidelines: “Tipped Employees and Commission Paid Employees shall be compensated for any accrued Paid Sick Time at a rate not less than the minimum hourly rate for hours worked, as required under the Pennsylvania Minimum Wage Act of 1968, 43 P.S. 333.104(a). Rate of pay shall be the base rate of pay and shall not include lost tips or commissions."

Accrual of Paid Sick Time is not based on amount of time worked within a particular week or month. Rather, in accordance with Section 2403 B of the Ordinance and Section 3 of the Guidelines, an Employee accrues one hour of Paid Sick Time for every 35 hours worked for the Employer within the geographic boundaries of the County.

Possibly. If your home health care workers or other domestic workers qualify as an Employee under the Ordinance and are not under any exempted status as defined in the Act and Guidelines. One possibly applicable exemption is if your home health care worker or domestic worker is an Independent Contractor. Under the definition provided in Section 2 of the Guidelines, an Independent Contractor is defined as “a person who controls the method and manner in which work is done, but for whom a business controls the results of the work. E.g., a self-employed individual who receives a 1099-MISC tax form based on work performed for a business client who pays the contractor more than $600 per year.”

Yes, as per Section 5 (b) of the Guidelines, the use of sick time may begin on the 90th calendar day following an Employee's commencement of employment. Thus, Employees must be permitted to use paid sick leave 90 days after commencement of employment rather than one year after commencement of employment. Note that, depending on whether the Employer uses the accrual or front loading method for providing its sick time, Covered Employees may have differing amounts of paid sick time available upon the 90th day of employment.

The County's Ordinance does not cover individuals based upon their type of job (e.g - substitute teacher, medical professional, etc). Under the Ordinance, only individuals meeting the definition of an Employee, who work for a defined Employer having 26 or more Employees, may accrue either Paid Sick Time. As set forth in Section 2403 B of the Ordinance, all Employees of Employers with twenty-six (26) or more Employees shall accrue a minimum of one (1) hour of paid sick time for every 35 hours worked within the geographical boundaries of Allegheny County. The term, Employee, does not include Independent Contractors, State or Federal employees, or Seasonal Employees. If an individual's employment falls within the defined thresholds of the Ordinance, then the Ordinance would be applicable.

In addition, if the Ordinance is applicable and if a collective bargaining agreement provides benefits equal to or in excess of the Ordinance, then the collective bargaining agreement could serve to satisfy an Employer's requirements to provide Paid Sick Time.

As to the payment question, under Section 7 (a) (1) of the Guidelines, Employees who are compensated based on a set salary or on time worked at a fixed hourly rate shall be compensated for any accrued Paid Sick Time based on the same rate as they would normally earn from work.

The Ordinance does not function differently when an individual has multiple jobs. Each employment relationship is separate for purposes of the Ordinance and would need to be individually evaluated to determine whether the Ordinance's requirements are applicable. An individual's Employers both may be covered by the Ordinance. Neither Employer may be covered. One Employer may be covered and the other Employer may not be covered. However, the fact that one person is working for multiple employers would not by itself impact this analysis.

Pursuant to Section 2403 H and Section 5 (c) of the Guidelines, an Employer shall continue to allow a Covered Employee to use previously earned Sick Time accrued under Chapter 626 after that same employee transfers to a separate division, entity or location for a work site for the same Employer located within the County. However the Covered Employee would not accrue additional sick time or paid sick time if work continues to be performed outside the County.

Under Section 2403 and Section 3 of the Guidelines, only Employees working for Employers meeting the threshold of employing 26 or more Employees can accrue Paid Sick Time depending on the circumstances. The definition of Employee, however, specifically exempts Independent Contractors which are further defined as those who control the method and manner in which work is done, but for whom a business controls the results of the work (E.g., a self-employed individual who receives a 1099-MISC tax form based on work performed for a business client who pays the contractor more than $600 per year.

After an Employee has used a day of Paid Sick Time, the next consecutive day would be the next day that the Employee is scheduled for work. Therefore, if the Employee uses Paid Sick Time on Friday and is not scheduled to work until Monday, the Employee's use of Paid Sick Time on that Monday would be the second consecutive day.