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Summary of differences between federal and state regulations
Utah has no state family and medical leave provisions for private employers. Therefore the federal FMLA provisions would apply. Utah does, however, provide for pregnancy accommodation, which could include leave. It also provides parental and postpartum recovery leave for state employees.
Pregnancy accommodation
Employers with 15 or more employees are to provide a reasonable accommodation for an employee related to pregnancy, childbirth, breastfeeding, or related condition if an employee requests one. The law does not specify what would constitute a reasonable accommodation, so leave could be included. Employers need not provide an accommodation that would require significant difficulty or expense when considered in relation to factors such as the size of the employer, the employer’s financial resources, and the nature and structure of the employer’s operation.
Employers may require an employee to provide a medical certification advising the use of a reasonable accommodation. This is to include the following:
- The date the accommodation became medically advisable,
- The probable duration of the reasonable accommodation, and
- An explanation as to the medical advisability of the accommodation.
State employee parental/post partum recovery leave
Covered employer
State employers, including executive, legislative and judicial branches. State employers do not include institutes of higher education, the Utah Board of Higher Education, the State Board of Education, independent entities, the Attorney General’s office, the State Auditor’s Office, or the State Treasurer’s Office.
Eligible employee
State employees are eligible to take the paid parental leave if they:
- Are in a position that receives retirement benefits under Title 49, Utah State Retirement and Insurance Benefit Act;
- Accrues paid leave benefits that can be used in the current and future calendar years; and
- Are not reemployed after retirement.
Leave entitlement
Eligible employees are entitled to up to three workweeks of paid parental leave and three workweeks of postpartum recovery leave in a 12-month period. Parental leave runs consecutively to postpartum recovery leave.
Part time employees or those who work more than 40 hours per week receive a pro rata amount of leave.
Parental leave may not be used before the birth, adoption, or appointment, and must be used within six months of the birth, adoption, or appointment.
Postpartum recovery leave starts on the birth, unless a doctor certifies an earlier date, may not be taken intermittently, and runs concurrent with any FMLA leave.
The leave may not be used intermittently unless agreed upon or certified to be medically necessary due to the child’s condition.
The leave runs concurrently with federal FMLA leave, assuming the employee is eligible, and the reason qualifies.
The leave is not counted as sick, annual, compensatory, excess, or other leave.
Reasons for leave
Eligible employees may take the paid parental leave for:
- The birth of the employee's child,
- The adoption of a minor child,
- Being the intended parent of a child born under a gestational agreement, or
- The appointment of legal guardianship of a minor child or incapacitated adult
Eligible employees who give birth to a child are also entitled to paid postpartum recovery leave.
Benefits maintenance
Employees must continue to receive all related benefits and payments at the same level before the leave began.
Reinstatement
Employees are entitled to return to their position or an equivalent one, unless a reduction in force occurs.
Notices
Employees must give at least 30 days’ (or as soon as reasonably practicable) notice before parental leave begins or postpartum recovery leave ends.
Employers must provide employees with written information regarding their right to use the leave.
State contacts
Labor Commission, Division of Antidiscrimination and Labor
https://laborcommission.utah.gov/divisions/AntidiscriminationAndLabor/
State statutes/regulations
Utah Labor Code §34A-5-102, Definitions:
http://le.utah.gov/xcode/Title34A/Chapter5/34A-5-S102.html?v=C34A-5-S102_2015051220150512
Utah Labor Code §34-A-106, Discriminatory or prohibited employment practices — Permitted practices:
http://le.utah.gov/xcode/Title34A/Chapter5/34A-5-S106.html?v=C34A-5-S106_2015051220150512
Utah Government Operations Code §63A-17-511 Parental leave — Postpartum recovery leave
https://le.utah.gov/xcode/Title63A/Chapter17/63A-17-S511.html?v=C63A-17-S511_2022050420220701
Federal
ContactsUS Dept. of Labor, Wage & Hour Division
Regulations
29 CFR Part 825, “The Family and Medical Leave Act of 1993”