State Employee Maternity and Leave Amendments

22
13-7a-102
13-7a-103
53G-11-209
63A-17-511
2
State Employee Maternity and Leave Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ariel Defay
Senate Sponsor: Michael K. McKell

Cosponsor:
Steve Eliason
Hoang Nguyen
Cheryl K. Acton
Joseph Elison
Karen M. Peterson
John Arthur
Sahara Hayes
Angela Romero
Jefferson S. Burton
Ashlee Matthews
David Shallenberger
Tyler Clancy
Tracy J. Miller
Jordan D. Teuscher
Paul A. Cutler
Grant Amjad Miller
Raymond P. Ward
Rosalba Dominguez
Logan J. Monson
LONG TITLE
General Description:
This bill modifies policies related to paid leave and maternity.
Highlighted Provisions:
This bill:
increases the amount of postpartum recovery leave that a state employer
must provide a
state employee from three to six weeks;
requires certain state employers to provide six weeks of paid leave to a state employee
who adopts a child under six years old;
provides that paid leave for an adoption described above runs consecutive to the three
weeks of paid leave that is currently available to a state employee who adopts a child
under 18 years old;
clarifies that adoption leave may be used at any point during the adoption process and is
not limited to the finalization of an adoption;
clarifies that a state employee's appointment as legal guardian of a child qualifies the state
employee for parental leave;
removes foster placement as an event making a state employee eligible for paid parental
leave and creates a separate foster leave category with a four-week paid-leave duration;
allows two state employees who jointly adopt or foster a child to share a single paid leave
period rather than each receiving a separate leave entitlement;
clarifies that a state employee may not use foster leave after a child is no longer in foster
care with the state employee;
allows a state employee to use foster leave on an intermittent basis;
prohibits the combined use of parental leave, foster leave, and adoption leave for the same
child;
requires the Department of Human Resource Management to make rules to administer the
paid leave types described above;
increases the amount of foster leave that an LEA must provide an LEA employee from
three to four weeks;
requires an LEA to provide three weeks of paid leave to an LEA employee who adopts a
child under six years old;
provides that paid leave for an adoption described above runs consecutive to the three
weeks of paid leave that is currently available to an LEA employee who adopts a child
under 18 years old;
amends the Breastfeeding Protection Act to include a woman's use of a breast pump; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
13-7a-102
, as enacted by Laws of Utah 2018, Chapter 130
13-7a-103
, as enacted by Laws of Utah 2018, Chapter 130
53G-11-209
, as last amended by Laws of Utah 2025, Chapter 426
63A-17-511
, as last amended by Laws of Utah 2024, Chapter 396
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
13-7a-102
is amended to read:
13-7a-102
. Definitions.
As used in this chapter:
(1)
(a)
"
Breastfeeding
Breastfeed
" means the act of a woman breastfeeding a child.
(2)
(b)
"
Breastfeeding
Breastfeed
" includes lactation.
(2)

"Breast pump" means a mechanical device used by a woman to express and collect
milk from the woman's breasts.
Section 2. Section
13-7a-103
is amended to read:
13-7a-103
. Breastfeeding location and conduct.
A woman may breastfeed
or use a breast pump
in any place of public accommodation,
as defined in Section
13-7-2
.
Section 3. Section
53G-11-209
is amended to read:
53G-11-209
. Paid leave -- Parental leave -- Postpartum recovery leave --
Adoption leave -- Foster leave -- Leave sharing -- Rulemaking.
(1)
As used in this section:
(a)
"Adoption leave" means paid leave hours an LEA provides to an adoption leave
eligible employee.
(b)
"Adoption leave eligible employee" means an LEA employee who:
(i)
accrues paid leave benefits in accordance with the LEA's leave policies; and
(ii)
is legally adopting a young child, unless the employee is the spouse of the
pre-existing parent.
(c)
"Child" means an individual younger than 18 years old.
(d)
"Foster leave" means paid leave hours an LEA provides to a foster leave eligible
employee.
(e)
"Foster leave eligible employee" means an LEA employee who:
(i)
accrues paid leave benefits in accordance with the LEA's leave policies; and
(ii)
is the foster parent of a child.
(a)
(f)
(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 parental leave or postpartum recovery leave.
(b)
(g)
"Parental leave" means
paid
leave hours an LEA provides to a parental leave
eligible employee
to bond with a child or incapacitated adult, including a child or
incapacitated adult for whom the parental leave eligible employee is appointed the
legal guardian
.
(c)
(h)
"Parental leave eligible employee" means an LEA employee who
:

(i)
accrues paid leave benefits in accordance with the LEA's leave policies
;
and
is:
(i)
(ii)
(A)
is
a birth parent as defined in Section
81-13-101
;
(ii)
(B)
legally adopting a minor child, unless the individual
is legally adopting a
child, unless the employee
is the spouse of the pre-existing parent;
(iii)
(C)
is
the intended parent of a child born under a validated gestational
agreement in accordance with Title 81, Chapter 5, Part 8, Gestational
Agreement; or
(iv)
(D)
is
appointed the legal guardian of a
minor
child or incapacitated adult.
(d)
(i)
"Postpartum recovery leave" means
leave hours a state employer
paid leave
hours an LEA
provides to a postpartum recovery leave eligible employee to recover
from childbirth.
(e)
(j)
"Postpartum recovery leave eligible employee" means an employee
who
:
(i)
who
accrues paid leave benefits in accordance with the LEA's leave policies; and
(ii)
who
gives birth to a child.
(f)
(k)
"Qualified employee" means:
(i)
a parental leave eligible employee;
or
(ii)
a postpartum recovery leave eligible employee
.
;
(iii)
an adoption leave eligible employee; or
(iv)
a foster leave eligible employee.
(g)
(l)
"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)(g)(i)
(1)(l)(i)
through
(iv)
.
(m)
"Young child" means an individual younger than six years old.
(2)
Beginning July 1,
2025
2026
, 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
;
shall adopt leave policies
that allow:

(i)
a parental leave eligible employee to use up to three work weeks of paid parental
leave;
(ii)
a postpartum recovery leave eligible employee to use up to three work weeks of
paid postpartum recovery leave;
(iii)
an adoption leave eligible employee to use up to three work weeks of paid
adoption leave; and
(iv)
a foster leave eligible employee to use up to four work weeks of paid foster leave;
(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
postpartum recovery
leave, adoption leave, and foster leave
;
(c)
shall allow a
parental leave eligible employee and a postpartum recovery leave
eligible
qualified
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
paid leave hours available to the qualified
employee
under this section on a pro rata basis; and
(d)
shall provide each
LEA
employee written information regarding:
(i)
a qualified employee's right to use
parental leave or
parental leave,
postpartum
recovery leave
, adoption leave, or foster 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)
Except for the amount of paid leave provided under Subsection
(2)(a)
, an LEA shall
administer the LEA's parental leave, postpartum recovery leave, adoption leave, and
foster leave policies in a manner that is not more restrictive than the parental leave,
postpartum recovery leave, adoption leave, and foster leave that is available to a state
employee under Section
63A-17-511
.
(3)
(4)
An LEA may not take retaliatory action against a qualified employee for using
parental leave
or postpartum recovery leave
, postpartum recovery leave, adoption
leave, or foster leave
in accordance with this section.
(4)
(5)
An LEA may not charge parental leave
or postpartum recovery leave
, postpartum
recovery leave, adoption leave, or foster leave
against paid leave hours to which a
qualified employee is entitled as described in Subsection
(6)
(7)
.
(5)
(6)
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)
(7)
An LEA may provide
paid
leave
hours
that exceeds the benefits of the state leave
policies described in this section.
Section 4. Section
63A-17-511
is amended to read:
63A-17-511
. Parental leave -- Postpartum recovery leave -- Adoption leave --
Foster leave.
(1)
As used in this section:
(a)
"Adoption leave" means leave hours a state employer provides to an adoption leave
eligible employee.
(b)
"Adoption leave eligible employee" means an employee of a state employer who:
(i)
is in a position that receives retirement benefits under Title 49, Utah State
Retirement and Insurance Benefit Act;
(ii)
accrues paid leave benefits that can be used in the current and future calendar
years;
(iii)
is not reemployed as defined in Section
49-11-1202
; and
(iv)
is legally adopting a young child, unless the employee is the spouse of the
pre-existing parent.
(c)
"Child" means an individual who is younger than 18 years old.
(d)
"Foster leave" means leave hours a state employer provides to a foster leave eligible
employee.
(e)
"Foster leave eligible employee" means an employee of a state employer who:
(i)
is in a position that receives retirement benefits under Title 49, Utah State
Retirement and Insurance Benefit Act;
(ii)
accrues paid leave benefits that can be used in the current and future calendar
years;
(iii)
is not reemployed as defined in Section
49-11-1202
; and
(iv)
is the foster parent of a child.
(b)
(f)
"Parental leave" means leave hours a state employer provides to a parental leave
eligible employee to bond with a child
or, in the case of a guardianship appointment,
an incapacitated adult
or incapacitated adult, including a child or incapacitated adult
for whom the parental leave eligible employee is appointed the legal guardian
.
(c)
(g)
"Parental leave eligible employee" means an employee
of a state employer
who,
on the date an event described in Subsections
(2)(a)(i)(A)
through
(D)
(C)
occurs:
(i)
is an employee of a state employer;
(ii)
(i)
is in a position that receives retirement benefits under Title 49, Utah State
Retirement and Insurance Benefit Act;
(iii)
(ii)
accrues paid leave benefits that can be used in the current and future
calendar years;
(iv)
(iii)
is not reemployed as defined in Section
49-11-1202
;
(v)
(iv)
is assuming a parental role with respect to
the child or the
a child or an

incapacitated adult for which parental leave is requested; and
(vi)
(v)
(A)
is the child's biological parent;
(B)
is the spouse of the person who gave birth to the child;
(C)
is
the adoptive parent of
legally adopting
the child, unless the employee is the
spouse of the pre-existing parent;
(D)
is the intended parent of the child and the child is born under a validated
gestational agreement in accordance with
Title 78B, Chapter 15
Title 81,
Chapter 5
, Part 8, Gestational Agreement;
or
(E)
is appointed the legal guardian of the child or the incapacitated adult;
or
(F)
is the foster parent of the child.
(d)
(h)
"Postpartum recovery leave" means leave hours a state employer provides to a
postpartum recovery leave eligible employee to recover from childbirth that occurs at
20 weeks or greater gestation.
(i)
"Postpartum recovery leave eligible employee" means an employee of a state
employer who:
(i)
is in a position that receives retirement benefits under Title 49, Utah State
Retirement and Insurance Benefit Act;
(ii)
accrues paid leave benefits that can be used in the current and future calendar
years;
(iii)
is not reemployed as defined in Section
49-11-1202
; and
(iv)
gives birth to a child.
(j)
"Qualified employee" means:
(i)
a parental leave eligible employee;
(ii)
a postpartum recovery leave eligible employee;
(iii)
an adoption leave eligible employee; or
(iv)
a foster leave eligible employee.
(k)
"Qualified leave" means:
(i)
parental leave;
(ii)
postpartum recovery leave;
(iii)
adoption leave; or
(iv)
foster leave.
(e)
(l)
"Retaliatory action" means to do any of the following to an employee:
(i)
dismiss the employee;
(ii)
reduce the employee's compensation;
(iii)
fail to increase the employee's compensation by an amount that 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)(e)(i)
(1)(l)(i)
through
(iv)
.
(f)
"Postpartum recovery leave eligible employee" means an employee who:
(i)
is in a position that receives retirement benefits under Title 49, Utah State
Retirement and Insurance Benefit Act;
(ii)
accrues paid leave benefits that can be used in the current and future calendar
years;
(iii)
is not reemployed as defined in Section
49-11-1202
; and
(iv)
gives birth to a child.
(g)
(m)
(i)
"State employer" means:
(A)
a state executive branch agency, including the State Tax Commission, the
National Guard, and the Board of Pardons and Parole;
(B)
the legislative branch of the state; or
(C)
the judicial branch of the state.
(ii)
"State employer" does not include:
(A)
an institute of higher education;
(B)
the Utah Board of Higher Education;
(C)
an independent entity as defined in Section
63E-1-102
;
(D)
the
Attorney General's Office
Office of the Attorney General
;
(E)
the
State Auditor's Office
Office of the State Auditor
; or
(F)
the
State Treasurer's Office
Office of the State Treasurer
.
(h)
"Qualified employee" means:
(i)
a parental leave eligible employee; or
(ii)
a postpartum leave eligible employee.
(n)
"Young child" means an individual who is younger than six years old.
(2)
(a)
Except as provided in Subsections
(4) and (5)
(3), (4), (5), and (6)
, a state
employer shall:
(i)
allow a parental leave eligible employee to use up to three work weeks of paid
parental leave for:
(A)
the birth of the parental leave eligible employee's child;
(B)
the adoption of a child;
or

(C)
the appointment of legal guardianship of a child or incapacitated adult;
or
(D)
the placement of a foster child in the parental leave eligible employee's care;
and
(ii)
allow a postpartum recovery leave eligible employee to use up to
three
six
work
weeks of paid postpartum recovery leave for recovery from childbirth
.
;
(iii)
allow an adoption leave eligible employee to use up to six work weeks of paid
adoption leave for the adoption of a young child; and
(iv)
allow a foster leave eligible employee to use up to four work weeks of paid foster
leave for the foster placement of a
child in the foster leave eligible employee's
care.
(b)
A state employer shall allow a qualified employee who is part-time or who works in
excess of a 40-hour work week or its equivalent to use the amount of
parental leave
or postpartum recovery leave
qualified leave that is
available to the qualified
employee under this section on a pro rata basis as adopted by rule by the division
under Subsection
(12)
(15)
.
(3)
(a)
Parental leave described in Subsection
(2)(a)(i)
:
(i)
may not be used before the day on which:
(A)
the parental leave eligible employee's child is born;
(B)
the parental leave eligible employee adopts a child;
or

(C)
the parental leave eligible employee is appointed legal guardian of a child or
incapacitated adult
; or
;
(D)
a foster child is placed in the parental leave eligible employee's care.
(ii)
may not be used more than six months after the date described in Subsection
(3)(a)(i)
;
(iii)
may not be used intermittently, unless:
(A)
by mutual written agreement between the state employer and the parental
leave eligible employee; or
(B)
a health care provider certifies that intermittent leave is medically necessary
due to a serious health condition of the child;
(iv)
runs
concurrently
concurrent
with any leave authorized under the Family and
Medical Leave Act of 1993, 29 U.S.C. Sec. 2601 et seq.; and
(v)
runs
consecutively
consecutive
to postpartum recovery leave.
(b)
The amount of parental leave authorized under Subsection
(2)(a)(i)
does not increase
if a parental leave eligible employee:
(i)
has more than one child born from the same pregnancy;
(ii)
adopts more than one child;
or

(iii)
has more than one foster child placed in the parental leave eligible employee's
care; or
(iv)
(iii)
is appointed legal guardian of more than one child or incapacitated adult.
(c)
A parental leave eligible employee may not use more than three work weeks of paid
parental leave within a single 12-month period, regardless of whether during that
12-month period the parental leave eligible employee:
(i)
becomes the parent of more than one child;
(ii)
adopts more than one child;
or

(iii)
has more than one foster child placed in the parental leave eligible employee's
care; or
(iv)
(iii)
is appointed legal guardian of more than one child or incapacitated adult.
(4)
(a)
Postpartum recovery leave described in Subsection
(2)(a)(ii)
:
(i)
shall be used starting on the day on which the postpartum recovery leave eligible
employee gives birth, unless a health care provider certifies that an earlier start
date is medically necessary;
(ii)
shall be used in a single continuous period, unless otherwise authorized in writing
by the director of the division;
and
(iii)
runs
concurrently
concurrent
with any leave authorized under the Family and
Medical Leave Act of 1993, 29 U.S.C. Sec. 2601 et seq.
; and
(iv)
runs consecutively to parental leave.
(b)
The amount of postpartum recovery leave authorized under Subsection
(2)(a)(ii)

does not increase if a postpartum recovery leave eligible employee has more than one
child born from the same pregnancy.
(5)
(a)
Adoption leave described in Subsection
(2)(a)(iii)
:
(i)
may not be used before the day on which the adoption leave eligible employee
adopts a young child;
(ii)
may not be used more than six months after the date described in Subsection
(5)(a)(i)
;
(iii)
may not be used intermittently, unless:
(A)
by mutual written agreement between the state employer and the adoption
leave eligible employee; or
(B)
a health care provider certifies that intermittent leave is medically necessary
due to a serious health condition of the young child;
(iv)
runs concurrent with any leave authorized under the Family and Medical Leave
Act of 1993, 29 U.S.C. Sec. 2601 et seq.; and
(v)
runs consecutive to parental leave taken for the adoption of a child.
(b)
The amount of adoption leave authorized under Subsection
(2)(a)(iii)
does not
increase if an adoption leave eligible employee adopts more than one young child.
(c)
An adoption leave eligible employee may not use more than six work weeks of paid
adoption leave within a single 12-month period, regardless of whether during that
12-month period the adoption leave eligible employee adopts more than one young
child.
(d)
(i)
If a young child is legally adopted by two adoption leave eligible employees,
the adoption leave eligible employees are entitled to use a single six-work-week
period of paid adoption leave under this section, which the employees may
allocate between themselves.
(ii)
The adoption leave eligible employees described in Subsection
(5)(d)(i)
shall
notify the state employer that the employees intend to allocate adoption leave
under Subsection
(5)(d)(i)
no later than the deadline described in Subsection
(8)(a)(i)
.
(6)
(a)
Foster leave described in Subsection
(2)(a)(iv)
:
(i)
may not be used before the day on which a child is placed in foster care with a
foster leave eligible employee;
(ii)
may not be used more than six months after the date described in Subsection
(6)(a)(i)
;
(iii)
may not be used after the child is no longer placed in foster care with the foster
leave eligible employee;
(iv)
may be used intermittently; and
(v)
runs concurrent with any leave authorized under the Family and Medical Leave
Act of 1993, 29 U.S.C. Sec. 2601 et seq.
(b)
The amount of foster leave authorized under Subsection
(2)(a)(iv)
does not increase
if a foster leave eligible employee has more than one child placed in foster care with
the foster leave eligible employee.
(c)
A foster leave eligible employee may not use more than four work weeks of paid
foster leave within a single 12-month period, regardless of whether during that
12-month period more than one child is placed in foster care with the foster leave
eligible employee.
(d)
(i)
If a child is placed in foster care with two foster leave eligible employees, the
foster eligible employees are entitled to use a single four-work-week period of
paid foster leave under this section, which the employees may allocate between
themselves.
(ii)
The foster leave eligible employees described in Subsection
(6)(d)(i)
shall notify
the state employer that the employees intend to allocate foster leave under
Subsection
(6)(d)(i)
no later than the deadline described in Subsection
(8)(a)(i)
.
(7)
A qualified employee may not use:
(a)
both foster leave and parental leave with respect to the same child; or
(b)
both foster leave and adoption leave with respect to the same young child.
(5)
(8)
(a)
Except as provided in Subsection
(5)(b)
(8)(b)
, a qualified employee shall
give the state employer notice at least 30 days before the day on which the qualified
employee plans to:
(i)
begin using
parental leave or postpartum recovery leave
qualified leave
under
this section; and
(ii)
stop using
postpartum recovery leave
qualified leave
under this section.
(b)
If circumstances beyond the qualified employee's control
, including an emergency
foster placement,
prevent the qualified employee from giving notice in accordance
with Subsection
(5)(a)
(8)(a)
, the qualified employee shall give each notice
described in Subsection
(5)(a)
(8)(a)
as soon as reasonably practicable.
(6)
(9)
Except as provided in Subsections
(3)(a)(iv)
and
,
(4)(a)(iii)
,

(5)(a)(iv)
, and
(6)(a)(v),
a state employer may not charge
parental leave or postpartum recovery leave
qualified leave
under this section against sick, annual, compensatory, excess, or other
leave a qualified employee is entitled to.
(7)
(10)
A state employer may not compensate a qualified employee for any unused
parental leave or postpartum recovery leave
qualified leave
upon termination of
employment.
(8)
(11)
(a)
Following the expiration of a qualified employee's
parental leave or
postpartum recovery
qualified
leave under this section, the state employer shall
ensure that the qualified employee may return to:
(i)
the position that the qualified employee held before using
parental leave or
postpartum recovery
qualified
leave; or
(ii)
a position within the state employer that is equivalent in seniority, status, benefits,
and pay to the position that the qualified employee held before using
parental
leave or postpartum recovery
qualified
leave.
(b)
If during the time a qualified employee uses
parental leave or postpartum recovery
qualified
leave under this section the state employer experiences a reduction in force
and, as part of the reduction in force, the qualified employee would have been
separated had the qualified employee not been using the
parental leave or
postpartum recovery
qualified
leave, the state employer may separate the qualified
employee in accordance with any applicable process or procedure as if the qualified
employee were not using the
parental leave or postpartum recovery
qualified
leave.
(9)
(12)
During the time a qualified employee uses
parental leave or postpartum recovery
qualified
leave under this section, the qualified employee shall continue to receive all
employment related benefits and payments at the same level that the qualified employee
received immediately before beginning the
parental leave or postpartum
qualified

leave, provided that the qualified employee pays any required employee contributions.
(10)
(13)
A state employer may not:
(a)
interfere with or otherwise restrain a qualified employee from using
parental leave
or postpartum recovery
qualified
leave in accordance with this section; or
(b)
take retaliatory action against a qualified employee for using
parental leave or
postpartum recovery
qualified
leave in accordance with this section.
(11)
(14)
A state employer shall provide each employee written information regarding a
qualified employee's right to use
parental leave or postpartum recovery
qualified
leave
under this section.
(12)
(15)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the division shall
,
:

(a)
on or before July 1, 2022,
make rules for the use and administration of parental
leave and postpartum recovery leave under this section, including a schedule that
provides paid parental leave or postpartum recovery leave for a qualified employee
who is part-time or who works in excess of a 40-hour work week on a pro rata basis
.
;
and
(b)
on or before July 1, 2026, make rules for the use and administration of adoption
leave and foster leave under this section, including a schedule that provides paid
adoption leave or foster leave for a qualified employee who is part-time or who
works in excess of a 40-hour work week on a pro rata basis.
Section 5.
Effective Date.
This bill takes effect on
July 1, 2026
.
3-11-26 1:17 PM