Section R477-7-15 - Family and Medical Leave(1) An eligible employee may take up to 12 workweeks of family and medical leave each calendar year for any of the following qualifying reasons: (c) placement of a foster child;(d) a serious health condition of the employee;(e) care of a spouse, child, or parent with a serious medical condition; or(f) a qualifying exigency arising as a result of a spouse, son, daughter or parent being on active duty or having been notified of an impending call or order to active duty in the Armed Forces.(2) An eligible employee may take up to 26 workweeks of family and medical leave during a 12-month period to care for a spouse, son, daughter, parent, or next of kin who is a covered servicemember as defined by the National Defense Authorization Act.(3) An employee on FMLA leave continues to receive the same health insurance benefits the employee was receiving before the commencement of FMLA leave provided the employee pays the employee share of the health insurance premium.(4) An employee on FMLA leave receives any administrative leave given for non-performance based reasons if the leave would have been given had the employee been in a working status.(5) An employee is eligible for family and medical leave when the employee: (a) has been employed by the state for at least 12 months; and(b) has worked 1,250 hours or more, as determined under FMLA, during the 12-month period immediately preceding the commencement of leave.(6) To request FMLA leave, the employee or an appropriate spokesperson shall notify management of the need for leave: (a) thirty days in advance for foreseeable needs; or(b) as soon as practicable in emergencies.(7) An employee may use accrued annual leave, sick leave, converted sick leave, excess hours and compensatory time before going into leave without pay status for the designated period of family and medical leave. (a) An employee who chooses to use accrued annual leave, sick leave, converted sick leave, excess hours, and compensatory time before going into leave without pay status for the family and medical leave period shall notify the direct supervisor.(b) If an employee fails to notify the direct supervisor under this subsection, accrued leave will be used to pay the employee's payroll deductions in the following order: (i) first, Program III sick leave;(ii) second, compensatory time, excess leave, or annual leave; and(iii) third, converted sick leave, Program II sick leave, or Program I sick leave.(8) When an employee chooses to use FMLA leave, management shall designate as FMLA leave any absences related to that qualifying event which occurred when the employee was eligible for FMLA.(9) An FMLA eligible employee with a serious health condition covered under workers' compensation may use FMLA leave concurrently with the workers' compensation benefit.(10) If an employee has gone into leave without pay status and fails to return to work after FMLA leave has ended, management may recover, with certain exceptions under 29 CFR 825.213, the health insurance premiums paid by management on the employee's behalf. An employee is considered to have returned to work if the employee returns for at least 30 calendar days.(11) When leave is taken after childbirth or placement of a healthy child for adoption or foster care, an employee may not take leave intermittently or on a reduced leave schedule unless the employer agrees.(12) Medical records created for purposes of FMLA and the Americans with Disabilities Act, 42 U.S.C. 12102 are subject to the confidentiality requirements set forth in Section R477-2-5.Utah Admin. Code R477-7-15
Amended by Utah State Bulletin Number 2016-14, effective 7/1/2016Amended by Utah State Bulletin Number 2017-14, effective 7/1/2017Amended by Utah State Bulletin Number 2018-14, effective 7/1/2018Amended by Utah State Bulletin Number 2019-14, effective 7/1/2019Amended by Utah State Bulletin Number 2020-13, effective 7/1/2020Amended by Utah State Bulletin Number 2021-14, effective 7/1/2021Amended by Utah State Bulletin Number 2022-13, effective 7/1/2022