(1) As used in this section: (a) "Adoption leave" means leave hours a state employer provides to an adoption leave eligible employee. (b) "Adoption leave eligible employee" means an employee of a state employer who: (i) is in a position that receives retirement benefits under Title 49, Utah State Retirement and Insurance Benefit Act; (ii) accrues paid leave benefits that can be used in the current and future calendar years; (iii) is not reemployed as defined in Section 49-11-1202; and (iv) is legally adopting a young child, unless the employee is the spouse of the pre-existing parent. (c) "Child" means an individual who is younger than 18 years old. (d) "Foster leave" means leave hours a state employer provides to a foster leave eligible employee. (e) "Foster leave eligible employee" means an employee of a state employer who: (i) is in a position that receives retirement benefits under Title 49, Utah State Retirement and Insurance Benefit Act; (ii) accrues paid leave benefits that can be used in the current and future calendar years; (iii) is not reemployed as defined in Section 49-11-1202; and (iv) is the foster parent of a child. (f) "Parental leave" means leave hours a state employer 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. (g) "Parental leave eligible employee" means an employee of a state employer who, on the date an event described in Subsections (2)(a)(i)(A) through (C) occurs: (i) is in a position that receives retirement benefits under Title 49, Utah State Retirement and Insurance Benefit Act; (ii) accrues paid leave benefits that can be used in the current and future calendar years; (iii) is not reemployed as defined in Section 49-11-1202; (iv) is assuming a parental role with respect to a child or an incapacitated adult for which parental leave is requested; and (v) (A) is the child's biological parent; (B) is the spouse of the person who gave birth to the child; (C) is legally adopting the child, unless the employee is the spouse of the pre-existing parent; (D) is the intended parent of the child and the child is born under a validated gestational agreement in accordance with Title 81, Chapter 5, Part 8, Gestational Agreement; or (E) is appointed the legal guardian of the child or the incapacitated adult; (h) "Postpartum recovery leave" means leave hours a state employer provides to a postpartum recovery leave eligible employee to recover from childbirth that occurs at 20 weeks or greater gestation. (i) "Postpartum recovery leave eligible employee" means an employee of a state employer who: (i) is in a position that receives retirement benefits under Title 49, Utah State Retirement and Insurance Benefit Act; (ii) accrues paid leave benefits that can be used in the current and future calendar years; (iii) is not reemployed as defined in Section 49-11-1202; and (iv) gives birth to a child. (j) "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. (k) "Qualified leave" means: (i) parental leave; (ii) postpartum recovery leave; (iii) adoption leave; or (iv) foster leave. (l) "Retaliatory action" means to do any of the following to an employee: (i) dismiss the employee; (ii) reduce the employee's compensation; (iii) fail to increase the employee's compensation by an amount that 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) (i) "State employer" means: (A) a state executive branch agency, including the State Tax Commission, the National Guard, and the Board of Pardons and Parole; (B) the legislative branch of the state; or (C) the judicial branch of the state. (ii) "State employer" does not include: (A) an institute of higher education; (B) the Utah Board of Higher Education; (C) an independent entity as defined in Section 63E-1-102; (D) the Office of the Attorney General; (E) the Office of the State Auditor; or (F) the Office of the State Treasurer. (n) "Young child" means an individual who is younger than six years old. (2) (a) Except as provided in Subsections (3), (4), (5), and (6), a state employer shall: (i) allow a parental leave eligible employee to use up to three work weeks of paid parental leave for: (A) the birth of the parental leave eligible employee's child; (B) the adoption of a child; or (C) the appointment of legal guardianship of a child or incapacitated adult; (ii) allow a postpartum recovery leave eligible employee to use up to six work weeks of paid postpartum recovery leave for recovery from childbirth; (iii) allow an adoption leave eligible employee to use up to six work weeks of paid adoption leave for the adoption of a young child; and (iv) allow a foster leave eligible employee to use up to four work weeks of paid foster leave for the foster placement of a child in the foster leave eligible employee's care. (b) A state employer shall allow a qualified employee who is part-time or who works in excess of a 40-hour work week or its equivalent to use the amount of qualified leave that is available to the qualified employee under this section on a pro rata basis as adopted by rule by the division under Subsection (15). (3) (a) Parental leave described in Subsection (2)(a)(i): (i) may not be used before the day on which: (A) the parental leave eligible employee's child is born; (B) the parental leave eligible employee adopts a child; or (C) the parental leave eligible employee is appointed legal guardian of a child or incapacitated adult; (ii) may not be used more than six months after the date described in Subsection (3)(a)(i); (iii) may not be used intermittently, unless: (A) by mutual written agreement between the state employer and the parental leave eligible employee; or (B) a health care provider certifies that intermittent leave is medically necessary due to a serious health condition of the child; (iv) runs concurrent with any leave authorized under the Family and Medical Leave Act of 1993, 29 U.S.C. Sec. 2601 et seq.; and (v) runs consecutive to postpartum recovery leave. (b) The amount of parental leave authorized under Subsection (2)(a)(i) does not increase if a parental leave eligible employee: (i) has more than one child born from the same pregnancy; (ii) adopts more than one child; or (iii) is appointed legal guardian of more than one child or incapacitated adult. (c) A parental leave eligible employee may not use more than three work weeks of paid parental leave within a single 12-month period, regardless of whether during that 12-month period the parental leave eligible employee: (i) becomes the parent of more than one child; (ii) adopts more than one child; or (iii) is appointed legal guardian of more than one child or incapacitated adult. (4) (a) Postpartum recovery leave described in Subsection (2)(a)(ii): (i) shall be used starting on the day on which the postpartum recovery leave eligible employee gives birth, unless a health care provider certifies that an earlier start date is medically necessary; (ii) shall be used in a single continuous period, unless otherwise authorized in writing by the director of the division; and (iii) runs concurrent with any leave authorized under the Family and Medical Leave Act of 1993, 29 U.S.C. Sec. 2601 et seq. (b) The amount of postpartum recovery leave authorized under Subsection (2)(a)(ii) does not increase if a postpartum recovery leave eligible employee has more than one child born from the same pregnancy. (5) (a) Adoption leave described in Subsection (2)(a)(iii): (i) may not be used before the day on which the adoption leave eligible employee adopts a young child; (ii) may not be used more than six months after the date described in Subsection (5)(a)(i); (iii) may not be used intermittently, unless: (A) by mutual written agreement between the state employer and the adoption leave eligible employee; or (B) a health care provider certifies that intermittent leave is medically necessary due to a serious health condition of the young child; (iv) runs concurrent with any leave authorized under the Family and Medical Leave Act of 1993, 29 U.S.C. Sec. 2601 et seq.; and (v) runs consecutive to parental leave taken for the adoption of a child. (b) The amount of adoption leave authorized under Subsection (2)(a)(iii) does not increase if an adoption leave eligible employee adopts more than one young child. (c) An adoption leave eligible employee may not use more than six work weeks of paid adoption leave within a single 12-month period, regardless of whether during that 12-month period the adoption leave eligible employee adopts more than one young child. (d) (i) If a young child is legally adopted by two adoption leave eligible employees, the adoption leave eligible employees are entitled to use a single six-work-week period of paid adoption leave under this section, which the employees may allocate between themselves. (ii) The adoption leave eligible employees described in Subsection (5)(d)(i) shall notify the state employer that the employees intend to allocate adoption leave under Subsection (5)(d)(i) no later than the deadline described in Subsection (8)(a)(i). (6) (a) Foster leave described in Subsection (2)(a)(iv): (i) may not be used before the day on which a child is placed in foster care with a foster leave eligible employee; (ii) may not be used more than six months after the date described in Subsection (6)(a)(i); (iii) may not be used after the child is no longer placed in foster care with the foster leave eligible employee; (iv) may be used intermittently; and (v) runs concurrent with any leave authorized under the Family and Medical Leave Act of 1993, 29 U.S.C. Sec. 2601 et seq. (b) The amount of foster leave authorized under Subsection (2)(a)(iv) does not increase if a foster leave eligible employee has more than one child placed in foster care with the foster leave eligible employee. (c) A foster leave eligible employee may not use more than four work weeks of paid foster leave within a single 12-month period, regardless of whether during that 12-month period more than one child is placed in foster care with the foster leave eligible employee. (d) (i) If a child is placed in foster care with two foster leave eligible employees, the foster eligible employees are entitled to use a single four-work-week period of paid foster leave under this section, which the employees may allocate between themselves. (ii) The foster leave eligible employees described in Subsection (6)(d)(i) shall notify the state employer that the employees intend to allocate foster leave under Subsection (6)(d)(i) no later than the deadline described in Subsection (8)(a)(i). (7) A qualified employee may not use: (a) both foster leave and parental leave with respect to the same child; or (b) both foster leave and adoption leave with respect to the same young child. (8) (a) Except as provided in Subsection (8)(b), a qualified employee shall give the state employer notice at least 30 days before the day on which the qualified employee plans to: (i) begin using qualified leave under this section; and (ii) stop using qualified leave under this section. (b) If circumstances beyond the qualified employee's control, including an emergency foster placement, prevent the qualified employee from giving notice in accordance with Subsection (8)(a), the qualified employee shall give each notice described in Subsection (8)(a) as soon as reasonably practicable. (9) Except as provided in Subsections (3)(a)(iv), (4)(a)(iii), (5)(a)(iv), and (6)(a)(v), a state employer may not charge qualified leave under this section against sick, annual, compensatory, excess, or other leave a qualified employee is entitled to. (10) A state employer may not compensate a qualified employee for any unused qualified leave upon termination of employment. (11) (a) Following the expiration of a qualified employee's qualified leave under this section, the state employer shall ensure that the qualified employee may return to: (i) the position that the qualified employee held before using qualified leave; or (ii) a position within the state employer that is equivalent in seniority, status, benefits, and pay to the position that the qualified employee held before using qualified leave. (b) If during the time a qualified employee uses qualified leave under this section the state employer experiences a reduction in force and, as part of the reduction in force, the qualified employee would have been separated had the qualified employee not been using the qualified leave, the state employer may separate the qualified employee in accordance with any applicable process or procedure as if the qualified employee were not using the qualified leave. (12) During the time a qualified employee uses qualified leave under this section, the qualified employee shall continue to receive all employment related benefits and payments at the same level that the qualified employee received immediately before beginning the qualified leave, provided that the qualified employee pays any required employee contributions. (13) A state employer may not: (a) interfere with or otherwise restrain a qualified employee from using qualified leave in accordance with this section; or (b) take retaliatory action against a qualified employee for using qualified leave in accordance with this section. (14) A state employer shall provide each employee written information regarding a qualified employee's right to use qualified leave under this section. (15) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall: (a) make rules for the use and administration of parental leave and postpartum recovery leave under this section, including a schedule that provides paid parental leave or postpartum recovery leave for a qualified employee who is part-time or who works in excess of a 40-hour work week on a pro rata basis; and (b) on or before July 1, 2026, make rules for the use and administration of adoption leave and foster leave under this section, including a schedule that provides paid adoption leave or foster leave for a qualified employee who is part-time or who works in excess of a 40-hour work week on a pro rata basis.
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