Section 53G-11-208 - Paid leave - Parental leave - Postpartum recovery leave - Leave sharing(1) As used in this section: (a)(i) "Paid leave hours" means leave hours an LEA provides to an LEA employee who accrues paid leave benefits in accordance with the LEA's leave policies.(ii) "Paid leave hours" includes annual, vacation, sick, paid time off, or any other type of leave an employee may take while still receiving compensation.(iii) "Paid leave hours" is not limited to parental leave or postpartum recovery leave.(b) "Parental leave" means leave hours an LEA provides to a parental leave eligible employee.(c) "Parental leave eligible employee" means an LEA employee who accrues paid leave benefits in accordance with the LEA's leave policies and is:(i) a birth parent as defined in Section 78B-6-103;(ii) legally adopting a minor child, unless the individual is the spouse of the pre-existing parent;(iii) the intended parent of a child born under a validated gestational agreement in accordance with Title 78B, Chapter 15, Part 8, Gestational Agreement; or(iv) appointed the legal guardian of a minor child or incapacitated adult.(d) "Postpartum recovery leave" means leave hours a state employer provides to a postpartum recovery leave eligible employee to recover from childbirth.(e) "Postpartum recovery leave eligible employee" means an employee:(i) who accrues paid leave benefits in accordance with the LEA's leave policies; and(ii) who gives birth to a child.(f) "Qualified employee" means: (i) a parental leave eligible employee; or(ii) a postpartum recovery leave eligible employee.(g) "Retaliatory action" means to do any of the following regarding an employee:(i) dismiss the employee;(ii) reduce the employee's compensation;(iii) fail to increase the employee's compensation by an amount to which the employee is otherwise entitled to or was promised;(iv) fail to promote the employee if the employee would have otherwise been promoted; or(v) threaten to take an action described in Subsections (1)(f)(i) through (iv).(2) Beginning July 1, 2025, an LEA: (a) shall develop leave policies that provide for the use and administration of parental leave and postpartum recovery leave by a qualified employee under this section in a manner that is not more restrictive than the parental and postpartum recovery leave available to state employees under Section 63A-17-511; and(b) may develop leave policies that provide a mechanism for leave sharing between employees of the same LEA or school for all types of leave, including, sick leave, annual leave, parental leave, and postpartum recovery leave;(c) shall allow a parental leave eligible employee and a postpartum recovery leave eligible employee who is part-time or who works in excess of a 40-hour work week or the equivalent of a 40-hour work week to use the amount of postpartum recovery leave available under this section on a pro rata basis; and(d) shall provide each employee written information regarding:(i) a qualified employee's right to use parental leave or postpartum recovery leave under this section; and(ii) the availability of and process for using or contributing to the leave sharing mechanism described in Subsection (2)(b).(3) An LEA may not take retaliatory action against a qualified employee for using parental leave or postpartum recovery leave in accordance with this section.(4) An LEA may not charge parental leave or postpartum recovery leave against paid leave hours to which a qualified employee is entitled as described in Subsection 63A-17-511(6).(5) An LEA or school may use leave bank sharing and other efforts to mitigate incurred costs of compliance with this section, including coordinating with other LEAs or schools to share approaches or policies designed to fulfill the requirements of this section in a cost effective manner.(6) An LEA may provide leave that exceeds the benefits of the state leave policies described in this section.Amended by Chapter (number not assigned at time of publication), 2024 General Session ,§ 5, eff. 7/1/2024, coordination clause.Added by Chapter TBD, 2024 General Session ,§ 6, eff. 5/1/2024.