(1) As used in this section: (a) "Annual leave II" means the same as that term is defined in Section 63A-17-510. (b) "Change date" means the date established by the Division of Finance under Subsection (2). (c) (i) "Paid time off" means leave hours an agency provides to an employee beginning on the change date, as time off from work for personal use without affecting the employee's pay. (ii) "Paid time off" does not include: (A) legal holidays under Section 63G-1-301; (B) time off as compensation for actual time worked in excess of an employee's defined work period; (C) sick leave; (D) paid or unpaid administrative leave; or (E) other paid or unpaid leave from work provided by state statute, administrative rule, or by federal law or regulation. (d) "PTO employee" means an agency employee who: (i) in accordance with Section 63A-17-514, elects to participate in the paid time off program as defined in Section 63A-17-514; (ii) fails to submit a timely election in accordance with Section 63A-17-514; or (iii) is hired or rehired on or after the change date. (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Division of Finance shall establish a date that is not later than July 1, 2027, beginning on which an agency shall offer each PTO employee paid time off in lieu of: (a) annual leave II; and (b) the sick leave offered to employees as of the change date. (3) (a) Except as provided in Subsection (3)(b), the provisions of this section do not affect a PTO employee's balance or use of leave hours accrued before the change date. (b) On the change date, the Division of Finance shall convert each PTO employee's accrued annual leave balance to paid time off at a one-to-one ratio. (4) (a) At the time a PTO employee accrues paid time off, the agency shall set aside the cost of each hour of paid time off for the PTO employee in an amount determined in accordance with rules the Division of Finance makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (b) In making rules under Subsection (4)(a), the Division of Finance shall consider: (i) the PTO employee's hourly rate of pay; (ii) applicable employer paid taxes that would be required if the PTO employee were paid for the paid time off instead of the PTO employee using the paid time off for leave; (iii) other applicable employer paid benefits; and (iv) adjustments due to employee hourly rate changes, including the effect on accrued paid time off balances. (c) The Division of Finance shall deposit money set aside in accordance with Subsection (4) into the State Employees' Leave Trust Fund created in Section 67-19f-201. (d) Subsection (4)(a) does not apply to paid time off hours that were converted from annual leave in accordance with Subsection (3), if: (i) for converted hours that were not annual leave II hours, the agency continues to comply with the Division of Finance requirements for contributions to the termination pool; or (ii) for converted hours that were annual leave II hours, the agency complied with the requirements of Subsection 63A-17-510(4) when the annual leave II hours were accrued. (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules governing the accrual and use of paid time off provided under this section.
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