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