R477-7-20. Adoption, Foster, Parental, and Postpartum Recovery Leave

(1) An employee is eligible for adoption, foster, parental, or postpartum recovery leave when the employee: (a) is eligible for benefits under Subsections R477-6-8(1) and R477-7-1(1); (b) is not reemployed post retirement as defined in Section 49-11-1202; and (c) is not an employee of an independent entity as defined in Section 63E-1-102. (2) An employee or a spokesperson shall notify management of their plan to use adoption, foster, parental, or postpartum recovery leave: (a) thirty days in advance; or (b) as soon as practicable in emergencies. (3) Management may not charge adoption, foster, parental, or postpartum recovery leave against any accrued leave balance on the employee's record. (4) No person may interfere with an employee's intent to use adoption, foster, parental, or postpartum recovery leave or retaliate against an employee who receives parental or postpartum recovery leave. (5) Parental leave is administered as follows: (a) An employee is qualified for parental leave when the employee is assuming a parental role for a child or incapacitated adult and: (i) is the child's biological parent; (ii) is the spouse of the person who gave birth to the child; (iii) is the adoptive parent of the child, unless the employee is the spouse of the pre-existing parent; (iv) is the intended parent of a child born under a valid gestational agreement; or (v) is appointed the legal guardian of a child or incapacitated adult. (b) Management shall grant up to three weeks of paid parental leave to an employee who gives notice that they intend to use paid parental leave. (c) Management calculates the amount of leave for each employee based on the number of hours the employee would have worked per week if they had not taken parental leave. (d) An employee may use parental leave within the six months immediately following the qualifying event from Subsection (5)(a). (e) An employee may use parental leave intermittently when: (i) the employee and management have written mutual consent for intermittent use; or (ii) a health care provider certifies the need for intermittent leave due to the child's serious health condition. (f) Parental leave: (i) runs concurrently with leave under the FMLA; (ii) runs consecutively with postpartum recovery leave pursuant to Subsection (6)(f)(ii); (iii) is limited to three weeks within any 12-month period; and (iv) does not increase when: (A) more than one child is born from the same pregnancy; (B) more than one child is adopted; or (C) the employee is appointed legal guardian of more than one minor child or incapacitated adult. (6) Postpartum recovery leave is administered as follows: (a) An employee is qualified for postpartum recovery leave when the employee gives birth at 20 weeks or greater gestation. (b) Management shall grant up to six weeks of paid postpartum recovery leave to an employee who gives notice that they intend to use paid postpartum recovery leave. (c) Management calculates the amount of leave for each employee based on the number of hours the employee would have worked per week if they had not taken postpartum recovery leave. (d) Postpartum recovery leave begins on the date the employee gives birth unless a health care provider certifies the medical necessity of an earlier start date. (e) An employee shall use postpartum recovery leave in a single continuous period, unless otherwise authorized in writing by the director of the division. (f) Postpartum recovery leave: (i) runs concurrently with leave under the FMLA; (ii) runs consecutively with parental leave under Subsection (6) with postpartum recovery leave used first pursuant to restrictions in Subsection (d); and (iii) does not increase when more than one child is born from the same pregnancy. (7) Adoption leave is administered as follows: (a) An employee is qualified for adoption leave when they legally adopt a young child, who is younger than six years old, unless the employee is the spouse of the pre-existing parent; (b) Management shall grant up to six weeks of paid adoption leave within a single 12-month period to an employee who gives notice that they intend to use adoption leave. If two adoption leave eligible employees adopt a child, they must share the six weeks of leave; (c) Management calculates the amount of leave for each employee based on the number of hours the employee would have worked per week if they had not taken adoption leave; (d) Adoption leave may not begin before the day the employee adopts the child; (e) An employee may use adoption leave intermittently when: (i) the employee and management have written mutual consent for intermittent use; or (ii) a health care provider certifies the need for intermittent leave due to the child's serious health condition; (f) Adoption leave: (i) runs concurrently with leave under the FMLA; (ii) runs consecutively with parental leave taken for the adoption of a child; (iii) is limited to six weeks within any 12-month period; and (iv) does not increase when the employee adopts more than one child. (8) Foster leave is administered as follows: (a) An employee is qualified for foster leave when a child is placed with the employee for foster care; (b) Management shall grant up to four weeks of paid foster leave to an employee who gives notice they intend to use paid foster leave. If two foster leave eligible employees foster a child, they must share the four weeks of leave; (c) Management calculates the amount of leave for each employee based on the number of hours the employee would have worked per week if they had not taken foster leave; (d) Foster leave may not begin before the day the child is placed with the employee for foster care; (e) Foster leave may be used intermittently; (f) Foster leave: (i) runs concurrently with leave under the FMLA; (ii) is limited to four weeks within any 12-month period; and (iii) does not increase when more than one child is placed with an employee for foster care; (g) An employee who uses any amount of foster leave may not use parental leave with respect to the same child or adoption leave with respect to the same young child.