By Brenda Reigle, DIG Prevention Consulting
Allegheny County Council approved a measure on October 20 requiring covered employers to provide eligible employees with 12 weeks of paid parental leave. Championed by County Executive Sara Innamorato, this policy gives employers one year to implement the requirements.
For KCA members, one provision deserves particular attention: an exclusion for certain construction-union employees. This is an employee exclusion—not a blanket exemption for construction contractors.
The distinction matters for contractors with nonunion crews, union employees, office staff or a combination of these groups. It also matters to contractors headquartered outside Allegheny County whose employees perform work within the county.
How the construction-union exclusion works
The posted regulation excludes from its definition of “employee” a member of a qualifying construction labor union who is covered by a collective bargaining agreement.
The regulation then defines a construction labor union by reference to the work performed by the employees it represents and their connection to a registered apprenticeship program. The listed work includes construction, reconstruction, demolition, alteration, custom fabrication and repair.
Consequently, performing construction work does not automatically qualify an employee for the exclusion. Neither does belonging to a union or participating in an apprenticeship program by itself. The union membership, collective bargaining coverage and apprenticeship language must be considered together.
What qualifies as a registered apprenticeship program?
The regulation’s definition is more specific than an employer-sponsored training program. It requires a program registered with and approved by the U.S. Department of Labor that meets at least two of the following conditions:
- Has active, employed, registered apprentices.
- Has graduated apprentices to journey-worker status during a majority of the years the program has operated.
- Has graduated apprentices to journey-worker status during three of the immediately preceding five years.
The definition also calls for combined classroom and on-the-job training, direct supervision by a highly skilled worker in an apprenticeable occupation, and compliance with referenced federal program standards.
Safety training, equipment certifications and years of field experience would not, by themselves, establish that this apprenticeship definition has been satisfied.
A key question remains for experienced union workers
The apprenticeship language appears within the definition of a construction labor union. It refers to represented employees who are enrolled in or have graduated from a qualifying program.
This raises an important implementation question: Must each excluded employee personally be enrolled in or have graduated from that program, or is membership in a qualifying construction union and coverage under its agreement sufficient?
That distinction could affect experienced workers who entered a union through testing, recognition of prior experience or organizing rather than through an apprenticeship. It may also affect helpers and other classifications that do not follow an apprenticeship pathway.
The posted language should not be treated as a settled answer for these employees. Contractors should seek written clarification from the county before relying on the exclusion.
How different workforces could be affected
A union apprentice or apprenticeship graduate covered by a qualifying construction collective bargaining agreement has a strong basis for the exclusion, assuming the program meets the regulation’s requirements.
By comparison, a nonunion employee does not qualify for this particular exclusion merely because the employee performs construction work or participates in a registered apprenticeship.
A union contractor’s office staff also would not automatically be excluded. Each employee’s status and coverage must be examined separately.
For contractors with mixed workforces, the result could be different treatment of qualifying union field employees and otherwise covered nonunion field or office employees.
Must the union contract provide equivalent parental leave?
The construction-union exclusion itself does not expressly require the collective bargaining agreement to provide an equivalent 12-week paid parental leave benefit. Instead, it operates through the regulation’s definition of an employee.
Employers must still honor applicable collective bargaining agreements, existing benefit commitments and other leave laws.
The exclusion also appears in the employee definition for the entire Article XXIV, which addresses both paid sick leave and paid parental leave. Its significance therefore extends beyond parental leave alone.
What KCA members should do
Contractors working in Allegheny County should review their workforce classifications and retain the documents supporting any claimed exclusion. Relevant records include collective bargaining agreements, union membership information, apprenticeship registration and approval records, and employee enrollment or graduation documentation.
Members should also seek clarification on:
- Whether individual apprenticeship enrollment or graduation is required.
- How experienced union workers without apprenticeship credentials are treated.
- Whether excluded employees count toward the 15-employee employer threshold.
- How coverage applies to contractors based outside the county and crews moving among county job sites.
Do not assume that being a construction contractor, employing union workers or operating an apprenticeship program exempts the company. Review the exclusion employee by employee, and confirm unresolved questions before changing leave policies.
This article reflects the posted regulation attached to Ordinance 14083-26 as reviewed on October 21, 2026. Final signed language and county implementation guidance should be checked before making coverage decisions.
Source: Allegheny County Council, Ordinance 14083-26 and attached Exhibit A.
This article is provided for general information and should not be considered legal advice. KCA members should consult their attorney for legal interpretation of Allegheny County Council Ordinance 14083-26 and attached Exhibit A, including how its requirements and construction-union exclusion apply to their company and employees.
DISCLAIMER: The information provided by Dig Prevention Consulting does not, and is not intended to, constitute legal advice; instead, all information, content, and materials are for general informational purposes only. “This is not legal advice” indicates that there is no lawyer/client relationship, so the advice about the law is not “legal advice”. ChatGPT was used to review the Allegheny County Ordinance as it reads it, not as DIG Prevention Consulting reads the ordinance.
