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Summary of differences between federal and state regulations
The federal Fair Labor Standards Act does not require payment for time not worked, nor does it regulate vacation pay, holiday pay, or other paid time off. These types of benefits are generally a matter of agreement between an employer and an employee (or the employee’s representative). Employers, however, do need to comply with applicable state laws.
Jury duty
Utah law doesn’t require private employers to pay employees for jury duty.
Utah law requires state employees to be paid for jury duty.
Employees who use annual leave while on jury duty can keep jurors fees; otherwise, jurors fees received must be returned to the State Treasurer.
Paid time off (PTO)
Utah law does not require vacation pay. However, if an employer chooses to provide paid time off benefits, it must follow the terms and conditions established in its policy.
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.
Respond to subpoena
Utah law provides that employers may not deprive an employee of employment or threaten or otherwise coerce the employee regarding employment because the employee attends a deposition or hearing in response to a subpoena.
Employers who violate this are guilty of criminal contempt and upon conviction may be fined not more than $500 or imprisoned not more than six months or both. Also, in addition to any other remedy, the employee may bring a civil action in district court for recovery of wages lost as a result of the violation and for an order requiring the reinstatement of the employee. Damages recoverable may not exceed lost wages for six weeks. If the employee prevails, the employee shall be allowed reasonable attorney fees.
Voting
Utah law allows employees two hours off to vote. Pay deductions are not allowed. This time off for voting doesn’t apply if there are three consecutive nonworking hours to vote. Employee must request leave of absence prior to the day of election and the employer can specify the hours taken off, but must allow requests for time off at the beginning or end of shifts.
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