Utah Admin. Code 477-7-20

Current through Bulletin No. 2024-21, November 1, 2024

Section R477-7-20 - Parental and Postpartum Recovery Leave

(1) An employee is eligible for parental or postpartum recovery leave when the employee:

(a) is eligible for benefits under Subsections R477-6-8(1) and R477-7-1(1);

(b) is not reemployed post retirement as defined in Section 49-11-1202; and

(c) is not an employee of an independent entity as defined in Section 63E-1-102.

(2) An employee or a spokesperson shall notify management of their plan to use parental or postpartum recovery leave:

(a) thirty days in advance; or

(b) as soon as practicable in emergencies.

(3) Management may not charge parental or postpartum recovery leave against any accrued leave balance on the employee's record.

(4) Excess leave may be paid out as necessary to comply with this section.

(5) No person may interfere with an employee's intent to use parental or postpartum recovery leave or retaliate against an employee who receives parental or postpartum recovery leave. (6) Parental leave is administered as follows:

(a) An employee is qualified for parental leave when the employee is assuming a parental role for a child or incapacitated adult and:

(i) is the child's biological parent;

(ii) is the spouse of the person who gave birth to the child;

(iii) is the adoptive parent of the child, unless the employee is the spouse of the pre-existing parent;

(iv) is the intended parent of a child born under a validated gestational agreement;

(v) is appointed the legal guardian of a child or incapacitated adult; or

(vi) is the foster parent of the child;

(b) Management shall grant up to three weeks of paid parental leave to an employee who gives notice that they intend to use paid parental leave;

(c) Management calculates the amount of leave for each employee based on the number of hours the employee would have worked per week if they had not taken parental leave.

(d) An employee may use parental leave within the six months immediately following the qualifying event from Subsection (6)(a); and

(e) An employee may use parental leave intermittently when:

(i) the employee and management have written mutual consent for intermittent use; or

(ii) a health care provider certifies the need for intermittent leave due to the child's serious health condition.

(f) Parental leave:

(i) runs concurrently with leave under the FMLA;

(ii) runs consecutively with postpartum recovery leave pursuant to Subsection (6)(f)(ii);

(iii) is limited to three weeks within any 12-month period;

(iv) does not increase when:

(A) more than one child is born from the same pregnancy;

(B) more than one child is adopted;

(C) the employee is appointed legal guardian of more than one minor child or incapacitated adult; or

(D) more than one foster child is placed in the employee's care.

(7) Postpartum recovery leave is administered as follows:

(a) An employee is qualified for postpartum recovery leave when the employee gives birth at 20 weeks or greater gestation;

(b) Management shall grant up to three weeks of paid postpartum recovery leave to an employee who gives notice that they intend to use paid postpartum recovery leave;

(c) Management calculates the amount of leave for each employee based on the number of hours the employee would have worked per week if they had not taken postpartum recovery leave;

(d) Postpartum recovery leave begins on the date the employee gives birth unless a health care provider certifies the medical necessity of an earlier start date;

(e) An employee shall use postpartum recovery leave in a single continuous period, unless otherwise authorized in writing by the director of the division; and

(f) Postpartum recovery leave:

(i) runs concurrently with leave under the FMLA;

(ii) runs consecutively with parental leave under Subsection (6) with postpartum recovery leave used first pursuant to restrictions in Subsection (d); and

(iii) does not increase when more than one child is born from the same pregnancy.

Utah Admin. Code R477-7-20

Amended by Utah State Bulletin Number 2017-14, effective 7/1/2017

Amended by Utah State Bulletin Number 2018-14, effective 7/1/2018

Amended by Utah State Bulletin Number 2019-14, effective 7/1/2019

Amended by Utah State Bulletin Number 2020-13, effective 7/1/2020

Repealed by Utah State Bulletin Number 2020-17, effective 8/24/2020

Adopted by Utah State Bulletin Number 2021-14, effective 7/1/2021

Amended by Utah State Bulletin Number 2022-13, effective 7/1/2022

Amended by Utah State Bulletin Number 2024-14, effective 7/3/2024