Section 1. Section 63A-17-806 is amended to read:63A-17-806. Definitions -- Infant at Work Program -- Administration.(1)As used in this section:(a)"Agency head" means the individual who serves as the chief executive officer or chief administrative officer of an executive branch agency.(b)"Eligible employee" means an employee who has been employed by the Department of Health and Human Servicesa participating agency for a minimum of:(i)12 consecutive months; and(ii)1,250 hours, excluding paid time off during the 12-month period immediately preceding the day on which the employee applies for participation in the program.(c)"Executive branch agency" means any department, agency, office, or other administrative unit of the state executive branch with authority to employ personnel.(b)(d)"Infant" means a baby that is at least six weeks of ageold and no more than six months of ageold.(c)(e)"Parent" means:(i)a biological or adoptive parent of an infant; or(ii)an individual who has an infant placed in the individual's foster care by the Division of Child and Family Services.(f)"Participating agency" means an executive branch agency that participates in the program.(d)(g)"Program" means the Infant at Work Pilot Program established in this section.(2)There is created the Infant at Work Pilot Program for eligible employees.(3)The Department of Health and Human Services is a participating agency under this section.(4)(a)An executive branch agency may elect to participate in the program by submitting written notice to the division by the agency head.(b)An executive branch agency's participation in the program under Subsection (4)(a) is subject to:(i)approval by the division; and(ii)compliance with this section and rules made by the division under Subsection (11).(3)(5)The program shall:(a)allow an eligible employee to bring the eligible employee's infant to work subject to the provisions ofin accordance with this section; and(b)be administered by the division; and.(c)be implemented for a minimum of one year.(4)(6)The division shall establish an application process for eligible employees of the Department of Health and Human Servicesan eligible employee of a participating agency to apply to the program that includes:(a)a process for evaluating whether an eligible employee's work environment is appropriate for an infant;(b)(a)guidelines for infant health and safety; and(c)(b)guidelines regarding an eligible employee's initial and ongoing participation in the program.(7)(a)A participating agency shall determine whether an eligible employee who applies to the program under Subsection (6) may participate in the program based on:(i)the eligible employee's work environment; and(ii)the participating agency's operational needs.(5)(b)If the division approves thea participating agency approves an eligible employee for participation in the program, the eligible employee shall have the sole responsibility for the care and safety of the infant at the workplace.(6)(8)The division may not require the Department of Health and Human Servicesa participating agency to designate or set aside space for an eligible employee's infant other than the eligible employee's existing work space.(9)The division may withdraw or revoke a participating agency's approval to participate in the program if the division determines that the participating agency:(a)is not in compliance with this section or rules made by the division under Subsection (11); or(b)participates in a manner that is detrimental to the effective administration of the program.(10)(a)A participating agency shall, in consultation with the division, adopt a written policy consistent with this section that provides guidance to eligible employees who seek to participate in the program.(b)A policy adopted under Subsection (10)(a) shall:(i)be approved by the division;(ii)incorporate the application process established by the division under Subsection (6);(iii)describe the criteria the participating agency will use in making an approval determination under Subsection (7);(iv)provide for revocation of an eligible employee's approval if participation in the program becomes detrimental to the work environment or business operations;(v)provide that an eligible employee may request temporary telework or remote work in connection with participation in the program, subject to the approval and operational needs of the participating agency; and(vi)establish general participation requirements with which an employee who brings an infant to the workplace, and any alternate care provider, shall comply. including requirements relating to:(A)infant health and safety; and(B)an eligible employee's initial and ongoing participating in the program.(11)In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules necessary to administer the program.(7)The division, in consultation with the Department of Health and Human Services, shall make rules that the department determines necessary to establish the program in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.