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• 2019 General Session
• S.B. 110

S.B. 110 Family Medical Unpaid Leave Provisions

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Bill Sponsor: Sen. Hemmert, Daniel

Floor Sponsor: Rep. Schultz, Mike

• Drafting Attorney: Amy L. West
• Fiscal Analyst: Thomas E. Young

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• Bill Text
  • Introduced (Currently Displayed)

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• Related Documents
  • Fiscal Note
  • Agency Perf Note

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• Information
  • Last Action: 14 Mar 2019, Senate/ filed
  • Last Location: Senate file for bills not passed

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• Similar Bills
  • Family
  • Health
  • Labor & Employment
  • Wages
  • Medical Fees and Service for Employment

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Introduced

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S.B. 110

1     FAMILY MEDICAL UNPAID LEAVE PROVISIONS
2     2019 GENERAL SESSION
3     STATE OF UTAH
4     Chief Sponsor: Daniel Hemmert
5     House Sponsor: Mike Schultz
6     

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7     LONG TITLE
8     General Description:
9          This bill enacts provisions related to family and medical unpaid leave.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     provides that a state-eligible employer is subject to certain provisions of the Family
14     and Medical Leave Act; and
15          ▸     addresses enforcement of the provisions of this bill.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     ENACTS:
22          34-54-101, Utah Code Annotated 1953
23          34-54-102, Utah Code Annotated 1953
24          34-54-201, Utah Code Annotated 1953
25          34-54-301, Utah Code Annotated 1953
26     

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27     Be it enacted by the Legislature of the state of Utah:

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28          Section 1. Section 34-54-101 is enacted to read:
29     CHAPTER 54. FAMILY AND MEDICAL UNPAID LEAVE PROVISIONS
30     Part 1. General Provisions
31          34-54-101. Title.
32          This chapter is known as "Family and Medical Unpaid Leave Provisions."
33          Section 2. Section 34-54-102 is enacted to read:
34          34-54-102. Definitions.
35          As used in this chapter:
36          (1) "Eligible employee" means the same as that term is defined in 29 U.S.C. Sec. 2611.
37          (2) "FMLA" means the Family and Medical Leave Act, 29 U.S.C. Sec. 2601, et seq.
38          (3) "Unpaid leave" means the type of leave to which an eligible employee is entitled
39     under the FMLA.
40          (4) (a) "State-eligible employer" means a public or private person who employs at least
41     30 and fewer than 50 employees in the state for each working day during each of 20 or more
42     calendar work weeks in the current or preceding calendar year.
43          (b) "State-eligible employer" includes:
44          (i) a person who acts, directly or indirectly, in the interest of a person described in
45     Subsection (4)(a) to an employee of the person described in Subsection (4)(a); and
46          (ii) any successor in interest of a person described in Subsection (4)(a).
47          Section 3. Section 34-54-201 is enacted to read:
48     Part 2. Applicability of the Family and Medical Leave Act
49          34-54-201. Eligible state employers.
50          (1) Except as provided in Subsection (2), the provisions of the FMLA apply to each
51     state-eligible employer as if the state-eligible employer were an employer as defined in 29
52     U.S.C. Sec. 2611.
53          (2) Each eligible employee of a state-eligible employer is entitled to three workweeks
54     of unpaid leave during any 12-month period.
55          Section 4. Section 34-54-301 is enacted to read:
56     Part 3. Enforcement
57          34-54-301. Right to damages or equitable relief.
58          An eligible employee may recover damages or equitable relief against a state-eligible

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59     employer for a violation of this chapter in any state court of competent jurisdiction.