Senator Todd Weiler proposes the following substitute bill:


1     
PAID LEAVE AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Todd Weiler

5     
House Sponsor: Val L. Peterson

6     

7     LONG TITLE
8     General Description:
9          This bill requires certain state employers to offer paid postpartum recovery leave.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     requires certain state employers to provide certain employees paid postpartum
14     recovery leave to recover from childbirth;
15          ▸     requires the Department of Human Resource Management to adopt rules to
16     administer postpartum recovery leave; and
17          ▸     allows the Department of Administrative Services to transfer certain money for the
18     costs of postpartum recovery leave.
19     Money Appropriated in this Bill:
20          This bill appropriates in fiscal year 2021:
21          ▸     to the Department of Administrative Services -- Finance Mandated Paid Postpartum
22     Recovery Leave -- Paid Postpartum Recovery Leave, as on ongoing appropriation:
23               •     from the General Fund, $507,000.
24     Other Special Clauses:
25          None

26     Utah Code Sections Affected:
27     AMENDS:
28          63J-1-206, as last amended by Laws of Utah 2019, Chapters 182 and 468
29     ENACTS:
30          67-19-14.7, Utah Code Annotated 1953
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 63J-1-206 is amended to read:
34          63J-1-206. Appropriations governed by chapter -- Restrictions on expenditures --
35     Transfer of funds -- Exclusion.
36          (1) (a) Except as provided in Subsections (1)(b) and (2)(e), or where expressly
37     exempted in the appropriating act:
38          (i) all money appropriated by the Legislature is appropriated upon the terms and
39     conditions set forth in this chapter; and
40          (ii) any department, agency, or institution that accepts money appropriated by the
41     Legislature does so subject to the requirements of this chapter.
42          (b) This section does not apply to:
43          (i) the Legislature and its committees; and
44          (ii) the Investigation Account of the Water Resources Construction Fund, which is
45     governed by Section 73-10-8.
46          (2) (a) Each item of appropriation is to be expended subject to any schedule of
47     programs and any restriction attached to the item of appropriation, as designated by the
48     Legislature.
49          (b) Each schedule of programs or restriction attached to an appropriation item:
50          (i) is a restriction or limitation upon the expenditure of the respective appropriation
51     made;
52          (ii) does not itself appropriate any money; and
53          (iii) is not itself an item of appropriation.
54          (c) (i) Except as provided in [Subsection] Subsections (2)(c)(ii) and (iii), an
55     appropriation or any surplus of any appropriation may not be diverted from any department,
56     agency, institution, division, or line item to any other department, agency, institution, division,

57     or line item.
58          (ii) The state superintendent may transfer money appropriated for the Minimum School
59     Program between line items in accordance with Section 53F-2-205.
60          (iii) The Department of Administrative Services may transfer money appropriated for
61     the purpose of paying the costs of paid employee postpartum recovery leave under Section
62     67-19-14.7 to another department, agency, institution, or division.
63          [(iii)] (iv) If the money appropriated to an agency to pay lease payments under the
64     program established in Subsection 63A-5-228(3) exceeds the amount required for the agency's
65     lease payments to the Division of Facilities Construction and Management, the agency may:
66          (A) transfer money from the lease payments line item to other line items within the
67     agency; and
68          (B) retain and use the excess money for other purposes.
69          (d) The money appropriated subject to a schedule of programs or restriction may be
70     used only for the purposes authorized.
71          (e) In order for a department, agency, or institution to transfer money appropriated to it
72     from one program to another program within a line item, the department, agency, or institution
73     shall revise its budget execution plan as provided in Section 63J-1-209.
74          (f) (i) The procedures for transferring money between programs within a line item as
75     provided by Subsection (2)(e) do not apply to money appropriated to the State Board of
76     Education for the Minimum School Program or capital outlay programs created in Title 53F,
77     Chapter 3, State Funding -- Capital Outlay Programs.
78          (ii) The state superintendent may transfer money appropriated for the programs
79     specified in Subsection (2)(f)(i) only as provided by Section 53F-2-205.
80          Section 2. Section 67-19-14.7 is enacted to read:
81          67-19-14.7. Postpartum recovery leave.
82          (1) As used in this section:
83          (a) "Eligible employee" means an employee who:
84          (i) is in a position that receives retirement benefits under Title 49, Utah State
85     Retirement and Insurance Benefit Act;
86          (ii) accrues paid leave benefits that can be used in the current and future calendar years;
87          (iii) is not reemployed as defined in Section 49-11-1202; and

88          (iv) gives birth to a child.
89          (b) "Postpartum recovery leave" means leave hours a state employer provides to an
90     eligible employee to recover from childbirth.
91          (c) "Retaliatory action" means to do any of the following to an employee:
92          (i) dismiss the employee;
93          (ii) reduce the employee's compensation;
94          (iii) fail to increase the employee's compensation by an amount that the employee is
95     otherwise entitled to or was promised;
96          (iv) fail to promote the employee if the employee would have otherwise been
97     promoted; or
98          (v) threaten to take an action described in Subsections (1)(f)(i) through (iv).
99          (d) (i) "State employer" means:
100          (A) a state executive branch agency, including the State Tax Commission, the National
101     Guard, and the Board of Pardons and Parole;
102          (B) the legislative branch of the state; or
103          (C) the judicial branch of the state.
104          (ii) "State employer" does not include:
105          (A) an institute of higher education;
106          (B) the Board of Regents;
107          (C) the State Board of Education;
108          (D) an independent entity as defined in Section 63E-1-102;
109          (E) the Attorney General's Office;
110          (F) the State Auditor's Office; or
111          (G) the State Treasurer's Office.
112          (2) (a) Except as provided in Subsection (3), a state employer shall allow an eligible
113     employee to use up to 120 hours of paid postpartum recovery leave based on a 40-hour work
114     week for recovery from childbirth.
115          (b) A state employer shall allow an eligible employee who is part-time or who works in
116     excess of a 40-hour work week or its equivalent to use the amount of postpartum recovery
117     leave available to the eligible employee under this section on a pro rata basis as adopted by rule
118     by the department under Subsection (11).

119          (3) (a) Postpartum recovery leave described in Subsection (2):
120          (i) shall be used starting on the day on which the eligible employee gives birth, unless a
121     health care provider certifies that an earlier start date is medically necessary;
122          (ii) shall be used in a single continuous period; and
123          (iii) runs concurrently with any leave authorized under the Family and Medical Leave
124     Act of 1993, 29 U.S.C. Sec. 2601 et seq.
125          (b) The amount of postpartum recovery leave authorized under Subsection (2) does not
126     increase if an eligible employee has more than one child born from the same pregnancy.
127          (4) (a) Except as provided in Subsection (4)(b), an eligible employee shall give the
128     state employer notice at least 30 days before the day on which the eligible employee plans to:
129          (i) begin using postpartum recovery leave under this section; and
130          (ii) stop using postpartum recovery leave under this section.
131          (b) If circumstances beyond the eligible employee's control prevent the eligible
132     employee from giving notice in accordance with Subsection (4)(a), the eligible employee shall
133     give each notice described in Subsection (4)(a) as soon as reasonably practicable.
134          (5) A state employer may not charge postpartum recovery leave under this section
135     against sick, annual, or other leave.
136          (6) A state employer may not compensate an eligible employee for any unused
137     postpartum recovery leave upon termination of employment.
138          (7) (a) Following the expiration of an eligible employee's postpartum recovery leave
139     under this section, the state employer shall ensure that the eligible employee may return to:
140          (i) the position that the eligible employee held before using postpartum recovery leave;
141     or
142          (ii) a position within the state employer that is equivalent in seniority, status, benefits,
143     and pay to the position that the eligible employee held before using postpartum recovery leave.
144          (b) If during the time an eligible employee uses postpartum recovery leave under this
145     section the state employer experiences a reduction in force and, as part of the reduction in
146     force, the eligible employee would have been separated had the eligible employee not been
147     using the postpartum recovery leave, the state employer may separate the eligible employee in
148     accordance with any applicable process or procedure as if the eligible employee were not using
149     the postpartum recovery leave.

150          (8) During the time an eligible employee uses postpartum recovery leave under this
151     section, the eligible employee shall continue to receive all employment related benefits and
152     payments at the same level that the eligible employee received immediately before beginning
153     the postpartum leave, provided that the eligible employee pays any required employee
154     contributions.
155          (9) A state employer may not:
156          (a) interfere with or otherwise restrain an eligible employee from using postpartum
157     recovery leave in accordance with this section; or
158          (b) take retaliatory action against an eligible employee for using postpartum recovery
159     leave in accordance with this section.
160          (10) A state employer shall provide each employee written information regarding an
161     eligible employee's right to use postpartum recovery leave under this section.
162          (11) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
163     the department shall, by July 1, 2020, make rules for the use and administration of and
164     postpartum recovery leave under this section, including a schedule that provides paid or
165     postpartum recovery leave for an eligible employee who is part-time or who works in excess of
166     a 40-hour work week on a pro rata basis.
167          Section 3. Appropriation.
168          The following sums of money are appropriated for the fiscal year beginning July 1,
169     2020, and ending June 30, 2021. These are additions to amounts previously appropriated for
170     fiscal year 2021. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
171     Act, the Legislature appropriates the following sums of money from the funds or accounts
172     indicated for the use and support of the government of the state of Utah.
173     ITEM 1
174          To Department of Administrative Services -- Finance
175               Mandated Postpartum Recovery Leave
176                    From General Fund
$507,000

177                    Schedule of Programs:
178                         Paid Postpartum Recovery Leave          $507,000