Section 53G-11-209 - Paid leave - Parental leave - Postpartum recovery leave - Leave sharing - Rulemaking(1) As used in this section: (a) "Parental leave" means leave hours an LEA provides to a parental leave eligible employee.(b) "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.(c) "Postpartum recovery leave" means leave hours a state employer provides to a postpartum recovery leave eligible employee to recover from childbirth.(d) "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.(e) "Qualified employee" means: (i) a parental leave eligible employee; or(ii) a postpartum recovery leave eligible employee.(f) "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; and(c) 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 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.Added by Chapter TBD, 2024 General Session ,§ 1, eff. 7/1/2024.