H.B. 192 Local Education Agency Employee Paid Leave

Bill Sponsor:

Rep. Ballard, Melissa G.
Floor Sponsor:

Sen. Millner, Ann
  • CoSponsor(s):
        Abbott, N.  Acton, C.K.
        Barlow, S.  Bennion, G.
        Birkeland, K.  Brooks, W.
        Burton, J.  Clancy, T.
        Cobb, J.  Cutler, P.
        Dailey-Provost, J.  Defay, A.
        Elison, J.  Hall, K.
        Johnson, D.N.  Judkins, M.
        Kyle, J  Lee, T.
        Lesser, R.  Loubet, A.
        Lund, S.  MacPherson, M.
        Matthews, A.  Moss, C.
        Peterson, V.  Pierucci, C.
        Rohner, J.  Romero, A.
        Stratton, K.  Ward, R.
        Watkins, C.  Welton, D.
  • Drafting Attorney: Jeff Van Hulten
  • Fiscal Analyst: Rachel Boe




  • Information
    • Last Action: 12 Mar 2024, Governor Signed
    • Last Location: Lieutenant Governor's office for filing


H.B. 192

3 53G-11-208
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LOCAL EDUCATION AGENCY EMPLOYEE PAID LEAVE
2024 GENERAL SESSION STATE OF UTAH Chief Sponsor: Melissa G. Ballard Senate Sponsor: Ann Millner Cosponsor: Jennifer Dailey-Provost Matt MacPherson Nelson T. Abbott Ariel Defay Ashlee Matthews Cheryl K. Acton Joseph Elison Carol S. Moss Stewart E. Barlow Katy Hall Val L. Peterson Gay Lynn Bennion Dan N. Johnson Candice B. Pierucci Kera Birkeland Marsha Judkins Judy Weeks Rohner Walt Brooks Jason B. Kyle Angela Romero Jefferson S. Burton Trevor Lee Keven J. Stratton Tyler Clancy Rosemary T. Lesser Raymond P. Ward James Cobb Anthony E. Loubet Christine F. Watkins Paul A. Cutler Steven J. Lund Douglas R. Welton

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LONG TITLE

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General Description:

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This bill requires a local education agency (LEA) to develop certain paid leave policies.

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Highlighted Provisions:
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This bill:
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defines relevant terms; and

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outlines the criteria of a required parental and postpartum recovery leave policy.
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Money Appropriated in this Bill:

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None
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Other Special Clauses:
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This bill provides a special effective date.
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Utah Code Sections Affected:
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ENACTS:
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53G-11-208, Utah Code Annotated 1953

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

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Section 1, Section 53G-11-208 is enacted to read:

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53G-11-208. Paid leave -- Parental leave -- Postpartum recovery leave -- Leave
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sharing -- Rulemaking.

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(1) As used in this section:
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(a) "Parental leave" means leave hours an LEA provides to a parental leave eligible
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employee.

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(b) "Parental leave eligible employee" means an LEA employee who accrues paid leave
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benefits in accordance with the LEA's leave policies, and is:

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(i) a birth parent as defined in Section 78B-6-103;

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(ii) legally adopting a minor child, unless the individual is the spouse of the
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pre-existing parent;

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(iii) the intended parent of a child born under a validated gestational agreement in
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accordance with Title 78B, Chapter 15, Part 8, Gestational Agreement; or

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(iv) appointed the legal guardian of a minor child or incapacitated adult.

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(c) "Postpartum recovery leave" means leave hours a state employer provides to a
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postpartum recovery leave eligible employee to recover from childbirth.

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(d) "Postpartum recovery leave eligible employee" means an employee:
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(i) who accrues paid leave benefits in accordance with the LEA's leave policies; and

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(ii) who gives birth to a child.

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(e) "Qualified employee" means:
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(i) a parental leave eligible employee; or

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(ii) a postpartum recovery leave eligible employee.

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(f) "Retaliatory action" means to do any of the following regarding an employee:
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(i) dismiss the employee;

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(ii) reduce the employee's compensation;

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(iii) fail to increase the employee's compensation by an amount to which the
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employee is otherwise entitled to or was promised;

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(iv) fail to promote the employee if the employee would have otherwise been
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promoted; or

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(v) threaten to take an action described in Subsections (1)(f)(i) through (iv).

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(2) Beginning July 1, 2025, an LEA:
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(a) shall develop leave policies that provide for the use and administration of parental
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leave and postpartum recovery leave by a qualified employee under this section in a
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manner that is not more restrictive than the parental and postpartum recovery leave
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available to state employees under Section 63A-17-511; and

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(b) may develop leave policies that provide a mechanism for leave sharing between
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employees of the same LEA or school for all types of leave, including sick leave,
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annual leave, parental leave, and postpartum recovery leave; and

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(c) shall provide each employee written information regarding:
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(i) a qualified employee's right to use parental leave or postpartum recovery leave
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under this section; and

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(ii) the availability of and process for using or contributing to the leave sharing
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mechanism described in Subsection (2)(b).

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(3) An LEA may not take retaliatory action against a qualified employee for using parental
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leave or postpartum recovery leave in accordance with this section.

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(4) An LEA or school may use leave bank sharing and other efforts to mitigate incurred
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costs of compliance with this section, including coordinating with other LEAs or schools
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to share approaches or policies designed to fulfill the requirements of this section in a
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cost effective manner.

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Section 2. Effective date.
This bill takes effect on July 1, 2024.
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
DateActionLocationVote
1/8/2024 Bill Numbered but not DistributedLegislative Research and General Counsel
1/8/2024 Numbered Bill Publicly DistributedLegislative Research and General Counsel
1/10/2024 House/ received bill from Legislative ResearchClerk of the House
1/16/2024 House/ 1st reading (Introduced)House Rules Committee
1/18/2024 House/ received fiscal note from Fiscal AnalystHouse Rules Committee
1/25/2024 House/ to standing committeeHouse Education Committee
1/28/2024 House/ to Printing with fiscal noteHouse Education Committee
2/5/2024 House Comm - Substitute Recommendation from # 0 to # 2House Education Committee11 0 4
2/5/2024 House Comm - Amendment Recommendation # 1House Education Committee11 0 4
2/5/2024 House Comm - Favorable RecommendationHouse Education Committee11 0 4
2/6/2024 (11:20:50 AM)House/ comm rpt/ substituted/ amendedHouse Education Committee
2/6/2024 (11:20:51 AM)House/ 2nd readingHouse 3rd Reading Calendar for House bills
2/15/2024 House/ to Printing with fiscal noteHouse 3rd Reading Calendar for House bills
2/15/2024 (3:12:13 PM)House/ 3rd readingHouse 3rd Reading Calendar for House bills
2/15/2024 (3:20:12 PM)House/ substituted from # 2 to # 3House 3rd Reading Calendar for House billsVoice vote
2/15/2024 (3:25:48 PM)House/ passed 3rd readingSenate Secretary69 0 6
2/15/2024 (3:25:50 PM)House/ to SenateSenate Secretary
2/15/2024 Senate/ received from HouseWaiting for Introduction in the Senate
2/16/2024 Senate/ 1st reading (Introduced)Senate Rules Committee
2/16/2024 Senate/ to standing committeeSenate Education Committee
2/20/2024 Senate Comm - Amendment Recommendation # 1Senate Education Committee4 0 5
2/20/2024 Senate Comm - Favorable RecommendationSenate Education Committee4 0 5
2/20/2024 (11:52:06 AM)Senate/ comm rpt/ amendedSenate Education Committee
2/20/2024 (11:52:07 AM)Senate/ placed on 2nd Reading CalendarSenate 2nd Reading Calendar
2/27/2024 Senate/ 2nd Reading Calendar to RulesSenate Rules Committee
2/29/2024 Senate/ Rules to 2nd Reading CalendarSenate 2nd Reading Calendar
2/29/2024 (3:42:08 PM)Senate/ 2nd & 3rd readings/ suspensionSenate 2nd Reading Calendar
2/29/2024 (3:45:41 PM)Senate/ passed 2nd & 3rd readings/ suspensionClerk of the House26 2 1
2/29/2024 (3:45:42 PM)Senate/ to House with amendmentsClerk of the House
2/29/2024 (5:38:31 PM)House/ received from SenateClerk of the House
2/29/2024 (5:38:32 PM)House/ placed on Concurrence CalendarHouse Concurrence Calendar
2/29/2024 (6:40:15 PM)House/ circledHouse Concurrence CalendarVoice vote
2/29/2024 (6:48:01 PM)House/ uncircledHouse Concurrence CalendarVoice vote
2/29/2024 (6:49:58 PM)House/ concurs with Senate amendmentSenate President70 1 4
2/29/2024 (6:49:59 PM)House/ to SenateSenate President
3/1/2024 Senate/ received from HouseSenate President
3/1/2024 Senate/ signed by President/ returned to HouseHouse Speaker
3/1/2024 Senate/ to HouseHouse Speaker
3/1/2024 House/ received from SenateHouse Speaker
3/1/2024 House/ signed by Speaker/ sent for enrollingLegislative Research and General Counsel / Enrolling
3/1/2024 Bill Received from House for EnrollingLegislative Research and General Counsel / Enrolling
3/1/2024 Draft of Enrolled Bill PreparedLegislative Research and General Counsel / Enrolling
3/8/2024 Enrolled Bill Returned to House or SenateClerk of the House
3/8/2024 House/ enrolled bill to PrintingClerk of the House
3/11/2024 House/ received enrolled bill from PrintingClerk of the House
3/11/2024 House/ to GovernorExecutive Branch - Governor
3/12/2024 Governor SignedLieutenant Governor's office for filing