Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 229 Second Substitute (2023GS)

Sponsor

Rep. Ballard, M.G.

Final action

House/ filed 3/3/2023

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms; and
• requires local education agencies to:
• provide certain paid leave to general and special education teachers that is at a minimum equivalent to leave provided to state employees;
• establish a leave sharing mechanism;
• establish certain leave policies; and
• provide certain notice to qualified employees.

Every vote on this bill

Bill text

TEACHER PARENTAL AND POSTPARTUM RECOVERY
LEAVE
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Melissa G. Ballard
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill requires local education agencies to provide certain paid leave to general and
special education teachers.
Highlighted Provisions:
This bill:
▸ defines terms; and
▸ requires local education agencies to:
• provide certain paid leave to general and special education teachers that is at a
minimum equivalent to leave provided to state employees;
• establish a leave sharing mechanism;
• establish certain leave policies; and
• provide certain notice to qualified employees.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
ENACTS:
53G-11-208
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53G-11-208
 is enacted to read:
 53G-11-208.
Parental leave -- Postpartum recovery leave -- Leave sharing.
(1) As used in this section:
(a) "Parental leave" means leave hours an LEA provides to a parental leave eligible
employee.
(b) "Parental leave eligible employee" means an LEA employee:
(i) whom an LEA employs as a general education or special education teacher;
(ii) who accrues paid leave benefits in accordance with the LEA's leave policies; and
(iii) who:
(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.
(c) "Postpartum recovery leave" means leave hours a state employer provides to a
postpartum recovery leave eligible employee to recover from childbirth.
(d) "Postpartum recovery leave eligible employee" means an employee:
(i) whom an LEA employs as a general education or special education teacher;
(ii) who accrues paid leave benefits in accordance with the LEA's leave policies; and
(iii) who gives birth to a child.
(e) "Qualified employee" means:
(i) a parental leave eligible employee; or
(ii) a postpartum recovery leave eligible employee.
(f) "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)(f)(i) through (iv).
(2) Beginning July 1, 2026, each LEA shall:
(a) provide the following types of paid leave:
(i) for a parental leave eligible employee, at least 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) for a postpartum recovery leave eligible employee, at least three work weeks of
paid postpartum recovery leave for recovery from childbirth; and
(b) allow a qualified employee who is part-time or who works in excess of a 40-hour
work week or the equivalent of a 40-hour work week to use the amount of parental leave or
postpartum recovery leave available to the qualified employee under this section on a pro rata
basis, in accordance with LEA leave policies described in Subsection (3).
(3) Before July 1, 2026, each LEA shall:
(a) develop leave policies that:
(i) provide for the use and administration of parental leave and postpartum recovery
leave under this section in a manner that is not more restrictive than the parental and
postpartum recovery leave available to state employees under Section 
63A-17-511
, including:
(A) the prohibition on charging parental leave or postpartum recovery leave against
sick, annual, compensatory, excess, or other leave to which a qualified employee is entitled as
described in Subsection 
63A-17-511
(6); and
(B) the protections afforded to state employees described in Subsections
63A-17-511
(8) through (10);
(ii) provide a mechanism of leave sharing by which general education and special
education teachers or all employees of an LEA have the ability to donate leave to a qualified
employee who, due to exigent circumstances related to the employee's parental or postpartum
recovery leave, is in need of more leave than the amounts of leave to which the employee has
access; and
(b) provide each employee written information regarding:
(i) a qualified employee's right to use parental leave or postpartum recovery leave
under this section; and
(ii) the availability of and process for using or contributing to the LEA's leave sharing
mechanism described in Subsection (3)(a)(ii).
(4) Nothing in this section prohibits or otherwise limits an LEA's coordination with
another LEA to share approaches or policies designed to fulfill the requirements of this section.
Section 2. 
Effective date.
This bill takes effect on July 1, 2023.