This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Tue, Mar 3, 2020 at 3:25 PM by lpoole.
1     
FAMILY MEDICAL UNPAID LEAVE PROVISIONS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Daniel Hemmert

5     
House Sponsor: Michael K. McKell

6     

7     LONG TITLE
8     General Description:
9          This bill enacts provisions related to unpaid family and medical 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          34-56-101, Utah Code Annotated 1953
23          34-56-102, Utah Code Annotated 1953
24          34-56-201, Utah Code Annotated 1953
25          34-56-301, Utah Code Annotated 1953
26     

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

28          Section 1. Section 34-56-101 is enacted to read:
29     
CHAPTER 56. FAMILY AND MEDICAL UNPAID LEAVE PROVISIONS

30     
Part 1. General Provisions

31          34-56-101. Title.
32          This chapter is known as "Family and Medical Unpaid Leave Provisions."
33          Section 2. Section 34-56-102 is enacted to read:
34          34-56-102. 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 34-56-201 is enacted to read:
48     
Part 2. Applicability of the Family and Medical Leave Act

49          34-56-201. State-eligible 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) Ŝ→ (a) ←Ŝ Each eligible employee of a state-eligible employer is entitled to Ŝ→ [
three]
53a     two ←Ŝ workweeks
54     of unpaid leave during any 12-month period.
54a     Ŝ→      (b) A state-eligible employer is not subject to any recordkeeping or notice requirement
54b     of the FMLA or the rules promulgated thereunder. ←Ŝ
55          Section 4. Section 34-56-301 is enacted to read:
56     
Part 3. Enforcement

57          34-56-301. Right to damages or equitable relief.
58          An eligible employee may recover damages or equitable relief in any state court of
59     competent jurisdiction against a state-eligible employer for a violation of this chapter.