Government Operations

Human Resource Management

Rule 7: Leave

Effective Date: 07/01/2026

Admin. Code Reference: R477-7

Rule Type: Superseded Rule

NOTICE OF SUBSTANTIVE CHANGE

TYPE OF FILING: Amendment

Rule or section number:

R477-7

Filing ID: 57918

Agency Information

1. Title catchline:

Government Operations, Human Resource Management

Building:

Taylorsville State Office Building

Street address:

4315 S 2700 W

City, state:

Taylorsville, UT

Mailing address:

PO Box 141531

City, state and zip:

Salt Lake City, UT 84114-1531

Contact persons:

Name:

Phone:

Email:

Bryan Embley

801-618-6720

bkembley@utah.gov

Please address questions regarding information on this notice to the persons listed above.

General Information

2. Rule or section catchline:

R477-7. Leave

3. Are any changes in this filing because of state legislative action?

Changes are because of legislative action.

If yes, any bill number and session:

SB 193 (2026 General Session), HB 309 (2026 General Session, SB 229 (2026 General Session), HB 329 (2026 General Session)

4. Purpose of the new rule or reason for the change:

The changes adjust holidays pursuant to SB 193 and HB 309 passed in the 2026 General Session, alters requirements for agency leave banks pursuant to SB 229 passed in the 2026 General Session, and adjusts parental and postpartum leave while implementing adoption and foster leave pursuant to HB 329 passed in the 2026 General Session.

5. Summary of the new rule or change:

The changes rename Washington and Lincoln Day to Presidents' Day, makes Juneteenth observed the same as other date-specific holidays, requires agencies to operate a leave bank, increases the amount of postpartum recovery leave, implements adoption and foster leave, and specifies how parental, adoption, and foster leave interact with each other and FMLA leave.

Fiscal Information

6. Provide an estimate and written explanation of the aggregate anticipated cost or savings to:

A. State budget:

The legislative fiscal note anticipates no fiscal impact on state government revenues or expenditures as indicated on the bill page for HB 329 (2026). See https://le.utah.gov/~2026/bills/static/HB0329.html

B. Local governments:

These amendments are not expected to have any fiscal impact on local governments because this rule only applies to the executive branch of state government.

C. Small businesses ("small business" means a business employing 1-49 persons):

These amendments are not expected to have any fiscal impact on small businesses because this rule only applies to the executive branch of state government.

D. Non-small businesses ("non-small business" means a business employing 50 or more persons):

These amendments are not expected to have any fiscal impact on non-small businesses because this rule only applies to the executive branch of state government.

E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):

These amendments are not expected to have any fiscal impact on other individuals because this rule only applies to the executive branch of state government.

F. Compliance costs for affected persons:

There are no direct compliance costs for these amendments. This rule only affects the executive branch of state government and will have no impact on other persons.

This rule has no financial impact on state employees.

G. Regulatory Impact Summary Table (This table includes only fiscal impacts the agency was able to measure. If the agency could not estimate an impact, it is excluded from this table but described in boxes A through F.)

Regulatory Impact Summary Table

Fiscal Cost

FY2026

FY2027

FY2028

FY2029

FY2030

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Cost

Fiscal Benefits

FY2026

FY2027

FY2028

FY2029

FY2030

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Benefits

Net Fiscal Benefits

H. Department head comments on fiscal impact and approval of regulatory impact analysis:

The Executive Director of the Department of Government Operations, Marvin Dodge, has reviewed and approved this regulatory impact analysis.

Citation Information

7. Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:

Section 63A-17-106

Section 34-43-103

Section 39-3-1

Section 63G-1-301

Section 63A-17-504

Section 63A-17-505

Section 63A-17-511

Section 63A-17-516

Subsection 71A-8-102(3)

Public Notice Information

9. The public may submit written or oral comments to the agency identified in box 1.

A. Comments will be accepted until:

06/16/2026

10. This rule change MAY become effective on:

07/01/2026

NOTE: The date above is the date the agency anticipates making the rule or its changes effective. It is NOT the effective date.

Agency Authorization Information

Agency head or

designee and title:

John Barrand, Division Director, DHRM

Date:

04/15/2026

R477. Government Operations, Human Resource Management.

R477-7. Leave.

R477-7-2. Holiday Leave.

(1) The following dates are paid holidays for eligible employees:

(a) New Year's Day -- January 1;

(b) Dr. Martin Luther King Jr. Day -- third Monday of January;

(d) Memorial Day -- last Monday of May;

(e) Juneteenth -- June 19;[observed as follows:

(i) June 19 if that day is on a Monday;

(ii) If June 19 is on a Tuesday, Wednesday, Thursday, or Friday, the holiday is observed on the immediately preceding Monday; or

(iii) If June 19 is on a Saturday or Sunday, the holiday is observed on the immediately following Monday.]

(f) Independence Day -- July 4;

(g) Pioneer Day -- July 24;

(h) Labor Day -- first Monday of September;

(i) Columbus Day -- second Monday of October;

(j) Veterans' Day -- November 11;

(k) Thanksgiving Day -- fourth Thursday of November;

(l) Christmas Day -- December 25; and

(m) any other day designated as a paid holiday by the Governor.

(2) If a holiday falls or is observed on a regularly scheduled day off, management shall grant an eligible employee equivalent time off or pay.

(a) [Except as described in Subsection (1)(e), if]If a holiday falls on a Sunday, the following Monday shall be observed as a holiday.

(b) [Except as described in Subsection (1)(e), if]If a holiday falls on a Saturday, the preceding Friday shall be observed as a holiday.

(3) If an employee is required to work on an observed holiday, management shall grant the employee appropriate holiday leave or pay.

(4) Management may not grant holiday pay to a new hire before the employee is in a paid status.

(5) Management may not grant holiday pay to a separating employee unless the employee is in a paid status on or after the holiday.

R477-7-19. Leave Bank.

[An agency head may approve the establishment of]Agencies shall operate a leave bank program pursuant to Section 63A-17-516 and the

following provisions.

(1) A leave bank program shall include an agency policy with the following provisions.

(a) A statement that access to the leave bank is not an employee right and shall be authorized at management's discretion.

(b) A requirement that any application for leave from the leave bank be supported by administratively acceptable medical documentation.

(c) A provision prohibiting leave donors, supervisors, managers, or management teams from reviewing any employee's medical certifications or physician statements.

(d) A requirement that an employee may not receive donated leave until any individually accrued leave is exhausted.

(e) A statement that leave is accrued if an employee receives sick leave donated from an approved leave bank program.

(f) A requirement that employees using donated leave request and receive written consent from the agency head to work a second job.

(g) A statement that only compensatory time earned by an FLSA non-exempt employee, annual leave, and converted sick leave hours may be donated to a leave bank.

(h) A statement that [only ]employees [of agencies with approved leave bank programs ]may donate leave hours to another agency [with a

leave bank program and ]only if both agencies agree to allow the donation.

(2) Any medical records created for leave bank program purposes are subject to the confidentiality requirements of Section R477-2-5.

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

(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.[; or

(vi) is the foster parent of the child;]

(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)[; and].

(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

(D) more than one foster child is placed in the employee's care].

(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 [three]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[; and].

(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.

KEY: holidays, leave benefits, vacations

Date of Last Change: [January 21,] 2026

Notice of Continuation: March 9, 2022

Authorizing, and Implemented or Interpreted Law: 34-43-103; 39-3-1; 63G-1-301; 63A-17-106; 63A-17-504; 63A-17-505; 71A-8-102(3)

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