Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 100 First Substitute (2022GS)

Sponsor

Sen. Weiler, T.

Final action

Governor Signed 3/24/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• requires certain state employers to provide certain employees paid parental leave upon:
• the birth of the employee's child;
• the adoption of a minor child; or
• the appointment of legal guardianship of a minor child or incapacitated adult;
• requires the Department of Human Resource Management to adopt rules to administer parental leave; and
• allows the Department of Government Operations to transfer certain money for the costs of parental leave.

Every vote on this bill

Bill text

PAID LEAVE MODIFICATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd D. Weiler
House Sponsor: 
Val L. Peterson
LONG TITLE
General Description:
This bill requires certain state employers to offer paid parental leave.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ requires certain state employers to provide certain employees paid parental leave
upon:
• the birth of the employee's child;
• the adoption of a minor child; or
• the appointment of legal guardianship of a minor child or incapacitated adult;
▸ requires the Department of Human Resource Management to adopt rules to
administer parental leave; and
▸ allows the Department of Government Operations to transfer certain money for the
costs of parental leave.
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2023:
▸ to the Department of Government Operations -- Finance Mandated Paid Parental
Leave -- Paid Parental Leave, as ongoing appropriation:
• from the General Fund, $1,752,200.
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
63A-17-511
, as renumbered and amended by Laws of Utah 2021, Chapter 344
63J-1-206
, as last amended by Laws of Utah 2021, Chapters 22 and 344
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63A-17-511
 is amended to read:
63A-17-511.
Parental leave -- Postpartum recovery leave.
(1) As used in this section:
(a) "Parental leave" means leave hours a state employer provides to a parental leave
eligible employee.
[
(a) "Eligible
] 
(b) "Parental leave eligible
 employee" means an employee 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.
]
(iv) (A) is a birth parent as defined in Section 
78B-6-103
;
(B) legally adopts a minor child, unless the individual 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 78B, Chapter 15, Part 8, Gestational Agreement; or
(D) is appointed the legal guardian of a minor child or incapacitated adult.
[
(b)
] 
(c)
 "Postpartum recovery leave" means leave hours a state employer provides to
[
an
] 
a postpartum recovery leave
 eligible employee to recover from childbirth.
[
(c)
] 
(d)
 "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)[
(c)
]
(d)
(i) through (iv).
(e) "Postpartum recovery leave eligible employee" means an employee 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.
[
(d)
] 
(f)
 (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) the State Board of Education;
(D) an independent entity as defined in Section 
63E-1-102
;
(E) the Attorney General's Office;
(F) the State Auditor's Office; or
(G) the State Treasurer's Office.
(g) "Qualified employee" means:
(i) a parental leave eligible employee; or
(ii) a postpartum leave eligible employee.
(2) (a) Except as provided in [
Subsection (3), a state employer shall allow an eligible
employee to use up to 120 hours of paid postpartum recovery leave based on a 40-hour work
week for recovery from childbirth.
] 
Subsections (4) and (5), 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 minor child; or
(C) the appointment of legal guardianship of a minor child or incapacitated adult; and
(ii) allow a postpartum recovery leave eligible employee to use up to three work weeks
of paid postpartum recovery leave for recovery from childbirth.
(b) A state employer shall allow [
an eligible
] 
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 
parental
leave or
 postpartum recovery leave available to the [
eligible
] 
qualified
 employee under this
section on a pro rata basis as adopted by rule by the division under Subsection [
(11)
] 
(12)
.
(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 minor child; or
(C) the parental leave eligible employee is appointed legal guardian of a minor 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 concurrently with any leave authorized under the Family and Medical Leave
Act of 1993, 29 U.S.C. Sec. 2601 et seq.; and
(v) runs consecutively 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 minor child; or
(iii) is appointed legal guardian of more than one minor 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 minor child; or
(iii) is appointed legal guardian of more than one minor child or incapacitated adult.
[
(3)
] 
(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; [
and
]
(iii) runs concurrently with any leave authorized under the Family and Medical Leave
Act of 1993, 29 U.S.C. Sec. 2601 et seq.
; and
(iv) runs consecutively to parental leave.
(b) The amount of postpartum recovery leave authorized under Subsection (2)
(a)(ii)
does not increase if [
an
] 
a postpartum recovery leave
 eligible employee has more than one child
born from the same pregnancy.
[
(4)
] 
(5)
 (a) Except as provided in Subsection [
(4)
] 
(5)
(b), [
an eligible
] 
a qualified
employee shall give the state employer notice at least 30 days before the day on which the
[
eligible
] 
qualified
 employee plans to:
(i) begin using 
parental leave or
 postpartum recovery leave under this section; and
(ii) stop using postpartum recovery leave under this section.
(b) If circumstances beyond the [
eligible
] 
qualified
 employee's control prevent the
[
eligible
] 
qualified
 employee from giving notice in accordance with Subsection [
(4)
] 
(5)
(a), the
[
eligible
] 
qualified
 employee shall give each notice described in Subsection [
(4)
] 
(5)
(a) as soon
as reasonably practicable.
[
(5) A
] 
(6) Except as provided in Subsections (3)(a)(iv) and (4)(a)(iii), a
 state
employer may not charge 
parental leave or
 postpartum recovery leave under this section against
sick, annual, 
compensatory, excess,
 or other leave 
a qualified employee is entitled to
.
[
(6)
] 
(7)
 A state employer may not compensate [
an eligible
] 
a qualified
 employee for
any unused 
parental leave or
 postpartum recovery leave upon termination of employment.
[
(7)
] 
(8)
 (a) Following the expiration of [
an eligible
] 
a qualified
 employee's 
parental
leave or
 postpartum recovery leave under this section, the state employer shall ensure that the
[
eligible
] 
qualified
 employee may return to:
(i) the position that the [
eligible
] 
qualified
 employee held before using 
parental leave
or
 postpartum recovery leave; or
(ii) a position within the state employer that is equivalent in seniority, status, benefits,
and pay to the position that the [
eligible
] 
qualified
 employee held before using 
parental leave or
postpartum recovery leave.
(b) If during the time [
an eligible
] 
a qualified
 employee uses 
parental leave or
postpartum recovery leave under this section the state employer experiences a reduction in
force and, as part of the reduction in force, the [
eligible
] 
qualified
 employee would have been
separated had the [
eligible
] 
qualified
 employee not been using the 
parental leave or
 postpartum
recovery leave, the state employer may separate the [
eligible
] 
qualified
 employee in accordance
with any applicable process or procedure as if the [
eligible
] 
qualified
 employee were not using
the 
parental leave or
 postpartum recovery leave.
[
(8)
] 
(9)
 During the time [
an eligible
] 
a qualified
 employee uses 
parental leave or
postpartum recovery leave under this section, the [
eligible
] 
qualified
 employee shall continue
to receive all employment related benefits and payments at the same level that the [
eligible
]
qualified
 employee received immediately before beginning the 
parental leave or
 postpartum
leave, provided that the [
eligible
] 
qualified
 employee pays any required employee
contributions.
[
(9)
] 
(10)
 A state employer may not:
(a) interfere with or otherwise restrain [
an eligible
] 
a qualified
 employee from using
parental leave or
 postpartum recovery leave in accordance with this section; or
(b) take retaliatory action against [
an eligible
] 
a qualified
 employee for using 
parental
leave or
 postpartum recovery leave in accordance with this section.
[
(10)
] 
(11)
 A state employer shall provide each employee written information
regarding [
an eligible
] 
a qualified
 employee's right to use 
parental leave or
 postpartum recovery
leave under this section.
[
(11)
] 
(12)
 In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the division shall, [
by
] 
on or before
 July 1, [
] 
, 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 [
an eligible
] 
a
qualified
 employee who is part-time or who works in excess of a 40-hour work week on a pro
rata basis.
Section 2. Section 
63J-1-206
 is amended to read:
63J-1-206.
Appropriations governed by chapter -- Restrictions on expenditures --
Transfer of funds -- Exclusion.
(1) (a) Except as provided in Subsections (1)(b) and (2)(e), or where expressly
exempted in the appropriating act:
(i) all money appropriated by the Legislature is appropriated upon the terms and
conditions set forth in this chapter; and
(ii) any department, agency, or institution that accepts money appropriated by the
Legislature does so subject to the requirements of this chapter.
(b) This section does not apply to:
(i) the Legislature and its committees; and
(ii) the Investigation Account of the Water Resources Construction Fund, which is
governed by Section 
73-10-8
.
(2) (a) Each item of appropriation is to be expended subject to any schedule of
programs and any restriction attached to the item of appropriation, as designated by the
Legislature.
(b) Each schedule of programs or restriction attached to an appropriation item:
(i) is a restriction or limitation upon the expenditure of the respective appropriation
made;
(ii) does not itself appropriate any money; and
(iii) is not itself an item of appropriation.
(c) (i) An appropriation or any surplus of any appropriation may not be diverted from
any department, agency, institution, division, or line item to any other department, agency,
institution, division, or line item.
(ii) If the money appropriated to an agency to pay lease payments under the program
established in Section 
63A-5b-703
 exceeds the amount required for the agency's lease
payments to the Division of Facilities Construction and Management, the agency may:
(A) transfer money from the lease payments line item to other line items within the
agency; and
(B) retain and use the excess money for other purposes.
(iii) The executive director of the Department of Human Services may transfer
unrestricted General Fund money appropriated to the department between line items within the
department in accordance with Section 
62A-1-111.6.
(d) The money appropriated subject to a schedule of programs or restriction may be
used only for the purposes authorized.
(e) In order for a department, agency, or institution to transfer money appropriated to it
from one program to another program, the department, agency, or institution shall revise its
budget execution plan as provided in Section 
63J-1-209
.
(f) (i) The procedures for transferring money between programs within a line item as
provided by Subsection (2)(e) do not apply to money appropriated to the State Board of
Education for the Minimum School Program or capital outlay programs created in Title 53F,
Chapter 3, State Funding -- Capital Outlay Programs.
(ii) The state superintendent may transfer money appropriated for the programs
specified in Subsection (2)(f)(i) only as provided by Section 
53F-2-205
.
(3) Notwithstanding Subsection (2)(c)(i):
(a) the state superintendent may transfer money appropriated for the Minimum School
Program between line items in accordance with Section 
53F-2-205
; and
(b) the Department of Government Operations may transfer money appropriated for the
purpose of paying the costs of paid employee 
parental leave and
 postpartum recovery leave
under Section 
63A-17-511
 to another department, agency, institution, or division.
Section 3. 
Appropriation.
The following sums of money are appropriated for the fiscal year beginning July 1,
2022, and ending June 30, 2023. These are additions to amounts previously appropriated for
fiscal year 2023. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
Act, the Legislature appropriates the following sums of money from the funds or accounts
indicated for the use and support of the government of the state of Utah.
ITEM 1
To Department of Government Operations -- Finance Mandated Paid Postpartum
Recovery and Parental Leave
From General Fund, Ongoing
$1,752,200
Schedule of Programs:
Paid Postpartum Recovery and Parental Leave $1,752,200
The Legislature intends that the Department of Government Operations use the
appropriation under this item to offset incremental costs associated with hiring a replacement
employee, the payment of overtime to a current employee, or other labor-related costs due to an
employee utilizing parental leave or postpartum recovery leave under Section 
63A-17-511
. Any
unexpended funds remaining at the end of each fiscal year lapses to the General Fund.
Section 4. 
Effective date.
This bill takes effect on July 1, 2022.