Senator Todd D. Weiler proposes the following substitute bill:


1     
PAID LEAVE MODIFICATIONS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Todd D. Weiler

5     
House Sponsor: Val L. Peterson

6     

7     LONG TITLE
8     General Description:
9          This bill requires certain state employers to offer paid parental leave.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     requires certain state employers to provide certain employees paid parental leave
14     upon:
15               •     the birth of the employee's child;
16               •     the adoption of a minor child; or
17               •     the appointment of legal guardianship of a minor child;
18          ▸     requires the Department of Human Resource Management to adopt rules to
19     administer parental leave; and
20          ▸     allows the Department of Government Operations to transfer certain money for the
21     costs of parental leave.
22     Money Appropriated in this Bill:
23          This bill appropriates in fiscal year 2023:
24          ▸     to the Department of Government Operations -- Finance Mandated Paid Parental
25     Leave -- Paid Parental Leave, as ongoing appropriation:
26               •     from the General Fund, $1,752,200.
27     Other Special Clauses:
28          This bill provides a special effective date.
29     Utah Code Sections Affected:
30     AMENDS:
31          63A-17-511, as renumbered and amended by Laws of Utah 2021, Chapter 344
32          63J-1-206, as last amended by Laws of Utah 2021, Chapters 22 and 344
33     

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 63A-17-511 is amended to read:
36          63A-17-511. Parental leave -- Postpartum recovery leave.
37          (1) As used in this section:
38          (a) "Parental leave" means leave hours a state employer provides to a parental leave
39     eligible employee.
40          [(a) "Eligible] (b) "Parental leave eligible employee" means an employee who:
41          (i) is in a position that receives retirement benefits under Title 49, Utah State
42     Retirement and Insurance Benefit Act;
43          (ii) accrues paid leave benefits that can be used in the current and future calendar years;
44          (iii) is not reemployed as defined in Section 49-11-1202; and
45          [(iv) gives birth to a child.]
46          (iv) (A) is a birth parent as defined in Section 78B-6-103;
47          (B) legally adopts a minor child, unless the individual is the spouse of the pre-existing
48     parent;
49          (C) is the intended parent of a child born under a validated gestational agreement in
50     accordance with Title 78B, Chapter 15, Part 8, Gestational Agreement; or
51          (D) is appointed the legal guardian of a minor child.
52          [(b)] (c) "Postpartum recovery leave" means leave hours a state employer provides to
53     [an] a postpartum recovery leave eligible employee to recover from childbirth.
54          [(c)] (d) "Retaliatory action" means to do any of the following to an employee:
55          (i) dismiss the employee;
56          (ii) reduce the employee's compensation;
57          (iii) fail to increase the employee's compensation by an amount that the employee is
58     otherwise entitled to or was promised;
59          (iv) fail to promote the employee if the employee would have otherwise been
60     promoted; or
61          (v) threaten to take an action described in Subsections (1)[(c)](d)(i) through (iv).
62          (e) "Postpartum recovery leave eligible employee" means an employee who:
63          (i) is in a position that receives retirement benefits under Title 49, Utah State
64     Retirement and Insurance Benefit Act;
65          (ii) accrues paid leave benefits that can be used in the current and future calendar years;
66          (iii) is not reemployed as defined in Section 49-11-1202; and
67          (iv) gives birth to a child.
68          [(d)] (f) (i) "State employer" means:
69          (A) a state executive branch agency, including the State Tax Commission, the National
70     Guard, and the Board of Pardons and Parole;
71          (B) the legislative branch of the state; or
72          (C) the judicial branch of the state.
73          (ii) "State employer" does not include:
74          (A) an institute of higher education;
75          (B) the Utah Board of Higher Education;
76          (C) the State Board of Education;
77          (D) an independent entity as defined in Section 63E-1-102;
78          (E) the Attorney General's Office;
79          (F) the State Auditor's Office; or
80          (G) the State Treasurer's Office.
81          (g) "Qualified employee" means:
82          (i) a parental leave eligible employee; or
83          (ii) a postpartum leave eligible employee.
84          (2) (a) Except as provided in [Subsection (3), a state employer shall allow an eligible
85     employee to use up to 120 hours of paid postpartum recovery leave based on a 40-hour work
86     week for recovery from childbirth.] Subsections (4) and (5), a state employer shall:
87          (i) allow a parental leave eligible employee to use up to three work weeks of paid
88     parental leave for:
89          (A) the birth of the parental leave eligible employee's child;
90          (B) the adoption of a minor child; or
91          (C) the appointment of legal guardianship of a minor child; and
92          (ii) allow a postpartum recovery leave eligible employee to use up to three work weeks
93     of paid postpartum recovery leave for recovery from childbirth.
94          (b) A state employer shall allow [an eligible] a qualified employee who is part-time or
95     who works in excess of a 40-hour work week or its equivalent to use the amount of parental
96     leave or postpartum recovery leave available to the [eligible] qualified employee under this
97     section on a pro rata basis as adopted by rule by the division under Subsection [(11)] (12).
98          (3) (a) Parental leave described in Subsection (2)(a)(i):
99          (i) may not be used before the day on which:
100          (A) the parental leave eligible employee's child is born;
101          (B) the parental leave eligible employee adopts a minor child; or
102          (C) the parental leave eligible employee is appointed legal guardian of a minor child;
103          (ii) may not be used more than six months after the date described in Subsection
104     (3)(a)(i);
105          (iii) may not be used intermittently, unless:
106          (A) by mutual written agreement between the state employer and the parental leave
107     eligible employee; or
108          (B) a health care provider certifies that intermittent leave is medically necessary due to
109     a serious health condition of the child;
110          (iv) runs concurrently with any leave authorized under the Family and Medical Leave
111     Act of 1993, 29 U.S.C. Sec. 2601 et seq.; and
112          (v) runs consecutively to postpartum recovery leave.
113          (b) The amount of parental leave authorized under Subsection (2)(a)(i) does not
114     increase if a parental leave eligible employee:
115          (i) has more than one child born from the same pregnancy;
116          (ii) adopts more than one minor child; or
117          (iii) is appointed legal guardian of more than one minor child.
118          (c) A parental leave eligible employee may not use more than three work weeks of paid
119     parental leave within a single 12-month period, regardless of whether during that 12-month
120     period the parental leave eligible employee:
121          (i) becomes the parent of more than one child;
122          (ii) adopts more than one minor child; or
123          (iii) is appointed legal guardian of more than one minor child.
124          [(3)] (4) (a) Postpartum recovery leave described in Subsection (2)(a)(ii):
125          (i) shall be used starting on the day on which the postpartum recovery leave eligible
126     employee gives birth, unless a health care provider certifies that an earlier start date is
127     medically necessary;
128          (ii) shall be used in a single continuous period; [and]
129          (iii) runs concurrently with any leave authorized under the Family and Medical Leave
130     Act of 1993, 29 U.S.C. Sec. 2601 et seq.; and
131          (iv) runs consecutively to parental leave.
132          (b) The amount of postpartum recovery leave authorized under Subsection (2)(a)(ii)
133     does not increase if [an] a postpartum recovery leave eligible employee has more than one child
134     born from the same pregnancy.
135          [(4)] (5) (a) Except as provided in Subsection [(4)] (5)(b), [an eligible] a qualified
136     employee shall give the state employer notice at least 30 days before the day on which the
137     [eligible] qualified employee plans to:
138          (i) begin using parental leave or postpartum recovery leave under this section; and
139          (ii) stop using postpartum recovery leave under this section.
140          (b) If circumstances beyond the [eligible] qualified employee's control prevent the
141     [eligible] qualified employee from giving notice in accordance with Subsection [(4)] (5)(a), the
142     [eligible] qualified employee shall give each notice described in Subsection [(4)] (5)(a) as soon
143     as reasonably practicable.
144          [(5) A] (6) Except as provided in Subsections (3)(a)(iv) and (4)(a)(iii), a state
145     employer may not charge parental leave or postpartum recovery leave under this section against
146     sick, annual, compensatory, excess, or other leave a qualified employee is entitled to.
147          [(6)] (7) A state employer may not compensate [an eligible] a qualified employee for
148     any unused parental leave or postpartum recovery leave upon termination of employment.
149          [(7)] (8) (a) Following the expiration of [an eligible] a qualified employee's parental
150     leave or postpartum recovery leave under this section, the state employer shall ensure that the
151     [eligible] qualified employee may return to:
152          (i) the position that the [eligible] qualified employee held before using parental leave
153     or postpartum recovery leave; or
154          (ii) a position within the state employer that is equivalent in seniority, status, benefits,
155     and pay to the position that the [eligible] qualified employee held before using parental leave or
156     postpartum recovery leave.
157          (b) If during the time [an eligible] a qualified employee uses parental leave or
158     postpartum recovery leave under this section the state employer experiences a reduction in
159     force and, as part of the reduction in force, the [eligible] qualified employee would have been
160     separated had the [eligible] qualified employee not been using the parental leave or postpartum
161     recovery leave, the state employer may separate the [eligible] qualified employee in accordance
162     with any applicable process or procedure as if the [eligible] qualified employee were not using
163     the parental leave or postpartum recovery leave.
164          [(8)] (9) During the time [an eligible] a qualified employee uses parental leave or
165     postpartum recovery leave under this section, the [eligible] qualified employee shall continue
166     to receive all employment related benefits and payments at the same level that the [eligible]
167     qualified employee received immediately before beginning the parental leave or postpartum
168     leave, provided that the [eligible] qualified employee pays any required employee
169     contributions.
170          [(9)] (10) A state employer may not:
171          (a) interfere with or otherwise restrain [an eligible] a qualified employee from using
172     parental leave or postpartum recovery leave in accordance with this section; or
173          (b) take retaliatory action against [an eligible] a qualified employee for using parental
174     leave or postpartum recovery leave in accordance with this section.
175          [(10)] (11) A state employer shall provide each employee written information
176     regarding [an eligible] a qualified employee's right to use parental leave or postpartum recovery
177     leave under this section.
178          [(11)] (12) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
179     Act, the division shall, [by] on or before July 1, [2021] 2022, make rules for the use and
180     administration of parental leave and postpartum recovery leave under this section, including a
181     schedule that provides paid parental leave or postpartum recovery leave for [an eligible] a
182     qualified employee who is part-time or who works in excess of a 40-hour work week on a pro
183     rata basis.
184          Section 2. Section 63J-1-206 is amended to read:
185          63J-1-206. Appropriations governed by chapter -- Restrictions on expenditures --
186     Transfer of funds -- Exclusion.
187          (1) (a) Except as provided in Subsections (1)(b) and (2)(e), or where expressly
188     exempted in the appropriating act:
189          (i) all money appropriated by the Legislature is appropriated upon the terms and
190     conditions set forth in this chapter; and
191          (ii) any department, agency, or institution that accepts money appropriated by the
192     Legislature does so subject to the requirements of this chapter.
193          (b) This section does not apply to:
194          (i) the Legislature and its committees; and
195          (ii) the Investigation Account of the Water Resources Construction Fund, which is
196     governed by Section 73-10-8.
197          (2) (a) Each item of appropriation is to be expended subject to any schedule of
198     programs and any restriction attached to the item of appropriation, as designated by the
199     Legislature.
200          (b) Each schedule of programs or restriction attached to an appropriation item:
201          (i) is a restriction or limitation upon the expenditure of the respective appropriation
202     made;
203          (ii) does not itself appropriate any money; and
204          (iii) is not itself an item of appropriation.
205          (c) (i) An appropriation or any surplus of any appropriation may not be diverted from
206     any department, agency, institution, division, or line item to any other department, agency,
207     institution, division, or line item.
208          (ii) If the money appropriated to an agency to pay lease payments under the program
209     established in Section 63A-5b-703 exceeds the amount required for the agency's lease
210     payments to the Division of Facilities Construction and Management, the agency may:
211          (A) transfer money from the lease payments line item to other line items within the
212     agency; and
213          (B) retain and use the excess money for other purposes.
214          (iii) The executive director of the Department of Human Services may transfer
215     unrestricted General Fund money appropriated to the department between line items within the
216     department in accordance with Section 62A-1-111.6.
217          (d) The money appropriated subject to a schedule of programs or restriction may be
218     used only for the purposes authorized.
219          (e) In order for a department, agency, or institution to transfer money appropriated to it
220     from one program to another program, the department, agency, or institution shall revise its
221     budget execution plan as provided in Section 63J-1-209.
222          (f) (i) The procedures for transferring money between programs within a line item as
223     provided by Subsection (2)(e) do not apply to money appropriated to the State Board of
224     Education for the Minimum School Program or capital outlay programs created in Title 53F,
225     Chapter 3, State Funding -- Capital Outlay Programs.
226          (ii) The state superintendent may transfer money appropriated for the programs
227     specified in Subsection (2)(f)(i) only as provided by Section 53F-2-205.
228          (3) Notwithstanding Subsection (2)(c)(i):
229          (a) the state superintendent may transfer money appropriated for the Minimum School
230     Program between line items in accordance with Section 53F-2-205; and
231          (b) the Department of Government Operations may transfer money appropriated for the
232     purpose of paying the costs of paid employee parental leave and postpartum recovery leave
233     under Section 63A-17-511 to another department, agency, institution, or division.
234          Section 3. Appropriation.
235          The following sums of money are appropriated for the fiscal year beginning July 1,
236     2022, and ending June 30, 2023. These are additions to amounts previously appropriated for
237     fiscal year 2023. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
238     Act, the Legislature appropriates the following sums of money from the funds or accounts
239     indicated for the use and support of the government of the state of Utah.
240     ITEM 1
241          To Department of Government Operations -- Finance Mandated Paid Postpartum
242          Recovery and Parental Leave
243               From General Fund, Ongoing
$1,752,200

244               Schedule of Programs:
245                    Paid Postpartum Recovery and Parental Leave     $1,752,200
246          The Legislature intends that the Department of Government Operations use the
247     appropriation under this item to offset incremental costs associated with hiring a replacement
248     employee, the payment of overtime to a current employee, or other labor-related costs due to an
249     employee utilizing parental leave or postpartum recovery leave under Section 63A-17-511. Any
250     unexpended funds remaining at the end of each fiscal year lapses to the General Fund.
251          Section 4. Effective date.
252          This bill takes effect on July 1, 2022.