This document includes House Committee Amendments incorporated into the bill on Mon, Mar 9, 2020 at 7:34 PM by pflowers.
This document includes House Committee Amendments (CORRECTED) incorporated into the bill on Mon, Mar 9, 2020 at 7:40 PM by pflowers.
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7 LONG TITLE
8 General Description:
9 This bill enacts provisions related to certain employment benefits.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ requires certain employers to allow an employee to use Ĥ→ [
13a accrued sick
14 leave to care for an immediate family member under certain conditions;
15 ▸ prohibits an employer from taking adverse action against an employee for using sick
16 leave in accordance with this bill;
17 ▸ allows an employee to file a written complaint with the Division of
18 Antidiscrimination and Labor for an alleged violation of this bill;
19 ▸ grants the division enforcement and rulemaking authority to implement the
20 provisions of this bill; and
21 ▸ provides that this bill does not extend the maximum period of leave available to an
22 employee under specified federal law.
23 Money Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:
28 ENACTS:
29 34-28a-101, Utah Code Annotated 1953
30 34-28a-102, Utah Code Annotated 1953
31 34-28a-201, Utah Code Annotated 1953
32 34-28a-202, Utah Code Annotated 1953
33 34-28a-203, Utah Code Annotated 1953
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35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 34-28a-101 is enacted to read:
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38 34-28a-101. Title.
39 This chapter is known as "Miscellaneous Employment Benefits."
40 Section 2. Section 34-28a-102 is enacted to read:
41 34-28a-102. Definitions.
42 As used in this chapter:
43 (1) "Adverse action" means the same as that term is defined in Section 34-48-102.
44 (2) "Division" means the Division of Antidiscrimination and Labor created in
45 Subsection 34A-1-202(1)(d).
46 (3) (a) "Eligible employer" means an employer, as defined in Section 34A-2-103, that
46a Ĥ→ : ←Ĥ
47 Ĥ→ (i) ←Ĥ offers sick leave to the employer's employees under a written sick leave policy
47a Ĥ→ [
47b (ii) has more than 15 employees who work in the state. ←Ĥ
48 (b) "Eligible employer" does not include an employer as described in:
49 (i) the Railroad Unemployment Insurance Act, 45 U.S.C., Sec. 351 et seq.;
50 (ii) the Federal Employers' Liability Act, 45 U.S.C. Sec. 51 et seq.; or
51 (iii) other federal law comparable to the law in Subsection (3)(b)(i) or (ii).
52 (4) (a) "Employee" means the same as that term is defined in Section 34A-2-104.
53 (b) "Employee" does not include an employee:
54 (i) of an employer subject to the provisions of the Railroad Labor Act, Subchapter II,
55 45 U.S.C. Sec. 151 et seq.; or
56 (ii) as described in:
57 (A) the Railroad Unemployment Insurance Act, 45 U.S.C., Sec. 351 et seq.;
58 (B) the Federal Employers' Liability Act, 45 U.S.C. Sec. 51 et seq.; or
59 (C) other federal law comparable to the law in Subsection (4)(b)(ii)(A) or (B).
60 (5) "Immediate family member" means an employee's spouse, domestic partner, child,
61 foster child, step-child, grandchild, parent, step-parent, mother-in-law, father-in-law, sibling,
62 grandparent, or any individual for whom the employee is a legal guardian.
63 (6) "Paid time-off policy" means a policy that combines vacation time, sick time, and
64 personal time into a single supply of days for an employee to use when the employee takes paid
65 time off from work.
66 (7) (a) "Sick leave" means an employee benefit, provided under a written sick leave
67 policy, that entitles the employee to time away from work due to the employee's illness, injury,
68 or medical need, whether paid or unpaid.
69 (b) "Sick leave" does not include a paid time-off policy, long-term disability benefits,
70 short-term disability benefits, workers' compensation benefits, insurance benefits, or other
71 comparable benefits.
72 Section 3. Section 34-28a-201 is enacted to read:
73 34-28a-201. Use of sick leave for care of immediate family members.
74 (1) (a) An eligible employer Ĥ→ [
74a employee to accrue:
74b (i) 10 or more days of sick leave shall allow the ←Ĥ employee to use at least 10 days of
74c accrued
75 sick leave to care for an immediate family member due to the illness, injury, or medical need of
76 the immediate family member Ĥ→ [
76a (ii) fewer than 10 days of sick leave shall allow the employee to use each accrued sick
76b day to care for an immediate family member due to the illness, injury, or medical need of the
76c immediate family member. ←Ĥ
77 (b) Sick leave taken by an employee under Subsection (1)(a) shall:
78 (i) be earned under the terms and conditions of the eligible employer's written sick
79 leave policy; and
80 (ii) be taken in accordance with the terms and conditions of the eligible employer's
81 written sick leave policy.
82 (2) An eligible employer may not take adverse action against an employee for using
83 sick leave in accordance with this section.
84 (3) An employee claiming to be aggrieved by an action of an eligible employer
85 in violation of Subsection (2) may file a written complaint with the division within 180 days
86 after the day on which the alleged violation occurs.
87 Section 4. Section 34-28a-202 is enacted to read:
88 34-28a-202. Investigations -- Complaints -- Sanctions -- Rulemaking.
89 (1) The division shall investigate an alleged violation of this chapter.
90 (2) (a) An individual claiming to be aggrieved by an action of an employer in violation
91 of this chapter may file with the division a request for agency action.
92 (b) Upon receipt of a request for agency action under Subsection (2)(a), the division:
93 (i) shall conduct an adjudicative proceeding in accordance with Title 63G, Chapter 4,
94 Administrative Procedures Act; and
95 (ii) may attempt to reach a settlement between the parties through a settlement
96 conference.
97 (3) (a) If the division determines that a violation has occurred, the division may order
98 that the employer:
99 (i) cease and desist the action;
100 (ii) pay a fine to the division of up to $500 for a violation; or
101 (iii) comply with a combination of Subsections (3)(a)(i) and (ii).
102 (b) Money received under this section shall be deposited as a dedicated credit to the
103 division to pay for the costs of administering this chapter.
104 (4) The division may make rules, in accordance with Title 63G, Chapter 3, Utah
105 Administrative Rulemaking Act, necessary to implement and administer the provisions of this
106 chapter.
107 Section 5. Section 34-28a-203 is enacted to read:
108 34-28a-203. Limitations.
109 (1) This chapter does not extend the maximum period of leave to which an employee is
110 entitled under the Family and Medical Leave Act of 1993, 29 U.S.C. Sec. 2601 et seq.,
111 regardless of whether the employee received sick leave compensation during that leave.
112 (2) Nothing in this chapter shall be construed to invalidate, diminish, or otherwise
113 interfere with:
114 (a) a collective bargaining agreement; or
115 (b) a party's power to collectively bargain for a collective bargaining agreement.