2nd Sub. (Gray) H.B. 192 01-25-24 2:28 PM
26 (1) As used in this section:
27 (a) "Parental leave" means leave hours an LEA provides to a parental leave eligible
28 employee.
29 (b) "Parental leave eligible employee" means an LEA employee who accrues paid leave
30 benefits in accordance with the LEA's leave policies and is:
31 (i) a birth parent as defined in Section 78B-6-103;
32 (ii) legally adopting a minor child, unless the individual is the spouse of the
33 pre-existing parent;
34 (iii) the intended parent of a child born under a validated gestational agreement in
35 accordance with Title 78B, Chapter 15, Part 8, Gestational Agreement; or
36 (iv) appointed the legal guardian of a minor child or incapacitated adult.
37 (c) "Postpartum recovery leave" means leave hours a state employer provides to a
38 postpartum recovery leave eligible employee to recover from childbirth.
39 (d) "Postpartum recovery leave eligible employee" means an employee:
40 ۼ [(i) whom an LEA employs as a general education or special education teacher;
41 (ii)] (i) »€ who accrues paid leave benefits in accordance with the LEA's leave policies;
41a and
42 €º [(iii)] (ii) »€ who gives birth to a child.
43 (e) "Qualified employee" means:
44 (i) a parental leave eligible employee; or
45 (ii) a postpartum recovery leave eligible employee.
46 (f) "Retaliatory action" means to do any of the following regarding an employee:
47 (i) dismiss the employee;
48 (ii) reduce the employee's compensation;
49 (iii) fail to increase the employee's compensation by an amount to which the employee
50 is otherwise entitled to or was promised;
51 (iv) fail to promote the employee if the employee would have otherwise been
52 promoted; or
53 (v) threaten to take an action described in Subsections (1)(f)(i) through (iv).
54 (2) Beginning July 1, 2027, an LEA shall:
55 (a) develop leave policies that:
56 (i) provides for the use and administration of parental leave and postpartum recovery
-2- House Committee Amendments 2-6-2024 ho/jvh