Foster leave -- Leave sharing -- Rulemaking. (1) As used in this section: (a) "Adoption leave" means paid leave hours an LEA provides to an adoption leave eligible employee. (b) "Adoption leave eligible employee" means an LEA employee who: (i) accrues paid leave benefits in accordance with the LEA's leave policies; and (ii) is legally adopting a young child, unless the employee is the spouse of the pre-existing parent. (c) "Child" means an individual younger than 18 years old. (d) "Foster leave" means paid leave hours an LEA provides to a foster leave eligible employee. (e) "Foster leave eligible employee" means an LEA employee who: (i) accrues paid leave benefits in accordance with the LEA's leave policies; and (ii) is the foster parent of a child. (f) (i) "Paid leave hours" means leave hours an LEA provides to an LEA employee who accrues paid leave benefits in accordance with the LEA's leave policies. (ii) "Paid leave hours" includes annual, vacation, sick, paid time off, or any other type of leave an employee may take while still receiving compensation. (iii) "Paid leave hours" is not limited parental leave or postpartum recovery leave. (g) "Parental leave" means paid leave hours an LEA provides to a parental leave eligible employee to bond with a child or incapacitated adult, including a child or incapacitated adult for whom the parental leave eligible employee is appointed the legal guardian. (h) "Parental leave eligible employee" means an LEA employee who: (i) accrues paid leave benefits in accordance with the LEA's leave policies; and (ii) (A) is a birth parent as defined in Section 81-13-101; (B) is legally adopting a child, unless the employee is the spouse of the pre-existing parent; (C) is the intended parent of a child born under a validated gestational agreement in accordance with Title 81, Chapter 5, Part 8, Gestational Agreement; or (D) is appointed the legal guardian of a child or incapacitated adult. (i) "Postpartum recovery leave" means paid leave hours an LEA provides to a postpartum recovery leave eligible employee to recover from childbirth. (j) "Postpartum recovery leave eligible employee" means an employee who: (i) accrues paid leave benefits in accordance with the LEA's leave policies; and (ii) gives birth to a child. (k) "Qualified employee" means: (i) a parental leave eligible employee; (ii) a postpartum recovery leave eligible employee; (iii) an adoption leave eligible employee; or (iv) a foster leave eligible employee. (l) "Retaliatory action" means to do any of the following regarding an employee: (i) dismiss the employee; (ii) reduce the employee's compensation; (iii) fail to increase the employee's compensation by an amount to which the employee is otherwise entitled to or was promised; (iv) fail to promote the employee if the employee would have otherwise been promoted; or (v) threaten to take an action described in Subsections (1)(l)(i) through (iv). (m) "Young child" means an individual younger than six years old. (2) Beginning July 1, 2026, an LEA: (a) shall adopt leave policies that allow: (i) a parental leave eligible employee to use up to three work weeks of paid parental leave; (ii) a postpartum recovery leave eligible employee to use up to three work weeks of paid postpartum recovery leave; (iii) an adoption leave eligible employee to use up to three work weeks of paid adoption leave; and (iv) a foster leave eligible employee to use up to four work weeks of paid foster leave; (b) may develop leave policies that provide a mechanism for leave sharing between employees of the same LEA or school for all types of leave, including sick leave, annual leave, parental leave, postpartum recovery leave, adoption leave, and foster leave; (c) shall allow a qualified employee who is part-time or who works in excess of a 40-hour work week or the equivalent of a 40-hour work week to use the amount of paid leave hours available to the qualified employee under this section on a pro rata basis; and (d) shall provide each LEA employee written information regarding: (i) a qualified employee's right to use parental leave, postpartum recovery leave, adoption leave, or foster leave under this section; and (ii) the availability of and process for using or contributing to the leave sharing mechanism described in Subsection (2)(b). (3) Except for the amount of paid leave provided under Subsection (2)(a), an LEA shall administer the LEA's parental leave, postpartum recovery leave, adoption leave, and foster leave policies in a manner that is not more restrictive than the parental leave, postpartum recovery leave, adoption leave, and foster leave that is available to a state employee under Section 63A-17-511. (4) An LEA may not take retaliatory action against a qualified employee for using parental leave, postpartum recovery leave, adoption leave, or foster leave in accordance with this section. (5) An LEA may not charge parental leave, postpartum recovery leave, adoption leave, or foster leave against paid leave hours to which a qualified employee is entitled as described in Subsection (7). (6) An LEA or school may use leave bank sharing and other efforts to mitigate incurred costs of compliance with this section including coordinating with other LEAs or schools to share approaches or policies designed to fulfill the requirements of this section in a cost effective manner. (7) An LEA may provide paid leave hours that exceeds the benefits of the state leave policies described in this section.
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