UT
Utah House Bill HB0229

Utah 2023 Regular Session

Utah House Bill HB0229 Compare Versions

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1-2nd Sub. H.B. 229
1+H.B. 229
22 LEGISLATIVE GENERAL COUNSEL
33 6 Approved for Filing: M. Curtis 6
4-6 02-06-23 11:57 AM 6
4+6 01-17-23 2:19 PM 6
55 H.B. 229
6-2nd Sub. (Gray)
7-Representative Melissa G. Ballard proposes the following substitute bill:
86 1 TEACHER PARENTAL AND POSTPARTUM RECOVERY
97 2 LEAVE
108 3 2023 GENERAL SESSION
119 4 STATE OF UTAH
1210 5 Chief Sponsor: Melissa G. Ballard
1311 6 Senate Sponsor: ____________
1412 7
1513 8LONG TITLE
1614 9General Description:
17-10 This bill requires local education agencies to provide paid parental and postpartum
18-11recovery leave to employees of a local education agency and establish a leave sharing
19-12mechanism.
20-13Highlighted Provisions:
21-14 This bill:
22-15 <defines terms; and
23-16 <requires local education agencies to:
24-17 Cprovide certain paid leave to employees of a local education agency that is at a
25-18minimum equivalent to leave provided to state employees;
26-19 Cestablish a leave sharing mechanism;
27-20 Cestablish certain leave policies, including the establishment of a leave sharing
28-21mechanism; and
29-22 Cprovide certain notice to qualified employees.
30-23Money Appropriated in this Bill:
31-24 None
32-25Other Special Clauses:
33-*HB0229S02* 2nd Sub. (Gray) H.B. 229 02-06-23 11:57 AM
15+10 This bill requires local education agencies to provide certain paid leave to general and
16+11special education teachers.
17+12Highlighted Provisions:
18+13 This bill:
19+14 <defines terms; and
20+15 <requires local education agencies to:
21+16 Cprovide certain paid leave to general and special education teachers that is at a
22+17minimum equivalent to leave provided to state employees;
23+18 Cestablish a leave sharing mechanism;
24+19 Cestablish certain leave policies; and
25+20 Cprovide certain notice to qualified employees.
26+21Money Appropriated in this Bill:
27+22 None
28+23Other Special Clauses:
29+24 This bill provides a special effective date.
30+25Utah Code Sections Affected:
31+26ENACTS:
32+27 53G-11-208, Utah Code Annotated 1953
33+*HB0229* H.B. 229 01-17-23 2:19 PM
3434 - 2 -
35-26 This bill provides a special effective date.
36-27Utah Code Sections Affected:
37-28ENACTS:
38-29 53G-11-208, Utah Code Annotated 1953
39-30
40-31Be it enacted by the Legislature of the state of Utah:
41-32 Section 1. Section 53G-11-208 is enacted to read:
42-33 53G-11-208. Paid leave -- Parental leave -- Postpartum recovery leave -- Leave
43-34sharing.
44-35 (1) As used in this section:
45-36 (a) (i) "Paid leave hours" means leave hours an LEA provides to an LEA employee
46-37who accrues paid leave benefits in accordance with the LEA's leave policies.
47-38 (ii) "Paid leave hours" includes annual, vacation, sick, paid time off, or any other type
48-39of leave an employee may take while still receiving compensation.
49-40 (iii) "Paid leave hours" is not limited to parental leave and postpartum recovery leave.
50-41 (b) "Parental leave" means leave hours an LEA provides to a parental leave eligible
51-42employee.
52-43 (c) "Parental leave eligible employee" means an LEA employee who accrues paid leave
53-44benefits in accordance with the LEA's leave policies and:
54-45 (i) is a birth parent as defined in Section 78B-6-103;
55-46 (ii) legally adopts a minor child, unless the individual is the spouse of the pre-existing
56-47parent;
57-48 (iii) is the intended parent of a child born under a validated gestational agreement in
58-49accordance with Title 78B, Chapter 15, Part 8, Gestational Agreement; or
59-50 (iv) is appointed the legal guardian of a minor child or incapacitated adult.
60-51 (d) "Postpartum recovery leave" means leave hours a state employer provides to a
61-52postpartum recovery leave eligible employee to recover from childbirth.
62-53 (e) "Postpartum recovery leave eligible employee" means an employee of an LEA who:
63-54 (i) accrues paid leave benefits in accordance with the LEA's leave policies; and
64-55 (ii) gives birth to a child.
65-56 (f) "Qualified employee" means: 02-06-23 11:57 AM 2nd Sub. (Gray) H.B. 229
35+28
36+29Be it enacted by the Legislature of the state of Utah:
37+30 Section 1. Section 53G-11-208 is enacted to read:
38+31 53G-11-208. Parental leave -- Postpartum recovery leave -- Leave sharing.
39+32 (1) As used in this section:
40+33 (a) "Parental leave" means leave hours an LEA provides to a parental leave eligible
41+34employee.
42+35 (b) "Parental leave eligible employee" means an LEA employee:
43+36 (i) whom an LEA employs as a general education or special education teacher;
44+37 (ii) who accrues paid leave benefits in accordance with the LEA's leave policies; and
45+38 (iii) who:
46+39 (A) is a birth parent as defined in Section 78B-6-103;
47+40 (B) legally adopts a minor child, unless the individual is the spouse of the pre-existing
48+41parent;
49+42 (C) is the intended parent of a child born under a validated gestational agreement in
50+43accordance with Title 78B, Chapter 15, Part 8, Gestational Agreement; or
51+44 (D) is appointed the legal guardian of a minor child or incapacitated adult.
52+45 (c) "Postpartum recovery leave" means leave hours a state employer provides to a
53+46postpartum recovery leave eligible employee to recover from childbirth.
54+47 (d) "Postpartum recovery leave eligible employee" means an employee:
55+48 (i) whom an LEA employs as a general education or special education teacher;
56+49 (ii) who accrues paid leave benefits in accordance with the LEA's leave policies; and
57+50 (iii) who gives birth to a child.
58+51 (e) "Qualified employee" means:
59+52 (i) a parental leave eligible employee; or
60+53 (ii) a postpartum recovery leave eligible employee.
61+54 (f) "Retaliatory action" means to do any of the following to an employee:
62+55 (i) dismiss the employee;
63+56 (ii) reduce the employee's compensation;
64+57 (iii) fail to increase the employee's compensation by an amount that the employee is
65+58otherwise entitled to or was promised; 01-17-23 2:19 PM H.B. 229
6666 - 3 -
67-57 (i) a parental leave eligible employee; or
68-58 (ii) a postpartum recovery leave eligible employee.
69-59 (g) "Retaliatory action" means to do any of the following to an employee:
70-60 (i) dismiss the employee;
71-61 (ii) reduce the employee's compensation;
72-62 (iii) fail to increase the employee's compensation by an amount that the employee is
73-63otherwise entitled to or was promised;
74-64 (iv) fail to promote the employee if the employee would have otherwise been
75-65promoted; or
76-66 (v) threaten to take an action described in Subsections (1)(g)(i) through (iv).
77-67 (2) Beginning July 1, 2025, each LEA shall:
78-68 (a) provide the following types of paid leave in an amount that is at least equivalent to
79-69the leave available to state employees under Section 63A-17-511:
80-70 (i) for a parental leave eligible employee for:
81-71 (A) the birth of the parental leave eligible employee's child;
82-72 (B) the adoption of a minor child; or
83-73 (C) the appointment of legal guardianship of a minor child or incapacitated adult; and
84-74 (ii) for a postpartum recovery leave eligible employee for recovery from childbirth; and
85-75 (b) allow a qualified employee who is part-time or who works in excess of a 40-hour
86-76work week or the equivalent of a 40-hour work week to use the amount of parental leave or
87-77postpartum recovery leave available to the qualified employee under this section on a pro rata
88-78basis, in accordance with LEA leave policies described in Subsection (3).
89-79 (3) Before July 1, 2025, each LEA shall:
90-80 (a) develop leave policies that:
91-81 (i) provide for the use and administration of parental leave and postpartum recovery
92-82leave under this section in a manner that is not more restrictive than the parental and
93-83postpartum recovery leave available to state employees under Section 63A-17-511, including:
94-84 (A) the prohibition on charging parental leave or postpartum recovery leave against
95-85sick, annual, compensatory, excess, or other leave to which a qualified employee is entitled as
96-86described in Subsection 63A-17-511(6); and
97-87 (B) the protections afforded to state employees described in Subsections 2nd Sub. (Gray) H.B. 229 02-06-23 11:57 AM
67+59 (iv) fail to promote the employee if the employee would have otherwise been
68+60promoted; or
69+61 (v) threaten to take an action described in Subsections (1)(f)(i) through (iv).
70+62 (2) Beginning July 1, 2026, each LEA shall:
71+63 (a) provide the following types of paid leave:
72+64 (i) for a parental leave eligible employee, at least three work weeks of paid parental
73+65leave for:
74+66 (A) the birth of the parental leave eligible employee's child;
75+67 (B) the adoption of a minor child; or
76+68 (C) the appointment of legal guardianship of a minor child or incapacitated adult; and
77+69 (ii) for a postpartum recovery leave eligible employee, at least three work weeks of
78+70paid postpartum recovery leave for recovery from childbirth; and
79+71 (b) allow a qualified employee who is part-time or who works in excess of a 40-hour
80+72work week or the equivalent of a 40-hour work week to use the amount of parental leave or
81+73postpartum recovery leave available to the qualified employee under this section on a pro rata
82+74basis, in accordance with LEA leave policies described in Subsection (3).
83+75 (3) Before July 1, 2026, each LEA shall:
84+76 (a) develop leave policies that:
85+77 (i) provide for the use and administration of parental leave and postpartum recovery
86+78leave under this section in a manner that is not more restrictive than the parental and
87+79postpartum recovery leave available to state employees under Section 63A-17-511, including:
88+80 (A) the prohibition on charging parental leave or postpartum recovery leave against
89+81sick, annual, compensatory, excess, or other leave to which a qualified employee is entitled as
90+82described in Subsection 63A-17-511(6); and
91+83 (B) the protections afforded to state employees described in Subsections
92+8463A-17-511(8) through (10);
93+85 (ii) provide a mechanism of leave sharing by which general education and special
94+86education teachers or all employees of an LEA have the ability to donate leave to a qualified
95+87employee who, due to exigent circumstances related to the employee's parental or postpartum
96+88recovery leave, is in need of more leave than the amounts of leave to which the employee has
97+89access; and H.B. 229 01-17-23 2:19 PM
9898 - 4 -
99-8863A-17-511(8) through (10);
100-89 (ii) provide a mechanism of leave sharing:
101-90 (A) that is at least equivalent to a leave bank program that state agencies are authorized
102-91to establish for state employees; and
103-92 (B) by which employees within a school have the ability to donate any type of paid
104-93leave hours to the mechanism of leave sharing for use by qualified employees within the
105-94school; and
106-95 (C) through which a qualified employee who has insufficient paid leave may gain
107-96additional for parental leave, medical necessities, and other needs that the LEA leave sharing
108-97policy identifies; and
109-98 (b) provide each employee written information regarding, in accordance with the LEA's
110-99policies:
111-100 (i) a qualified employee's right to use parental leave or postpartum recovery leave
112-101under this section; and
113-102 (ii) the availability of and process for using or contributing to the LEA's leave sharing
114-103mechanism described in Subsection (3)(a)(ii).
115-104 (4) Nothing in this section prohibits or otherwise limits an LEA's:
116-105 (a) coordination with another LEA to share approaches or policies designed to fulfill
117-106the requirements of this section; or
118-107 (b) leave policy that exceeds the benefits of the state leave policies described in this
119-108section.
120-109 Section 2. Effective date.
121-110 This bill takes effect on July 1, 2023.
99+90 (b) provide each employee written information regarding:
100+91 (i) a qualified employee's right to use parental leave or postpartum recovery leave
101+92under this section; and
102+93 (ii) the availability of and process for using or contributing to the LEA's leave sharing
103+94mechanism described in Subsection (3)(a)(ii).
104+95 (4) Nothing in this section prohibits or otherwise limits an LEA's coordination with
105+96another LEA to share approaches or policies designed to fulfill the requirements of this section.
106+97 Section 2. Effective date.
107+98 This bill takes effect on July 1, 2023.