(ii) during management decisions that benefit the organization;(iii) when no work is available due to unavoidable conditions or influences; or
(iv) other reasons consistent with agency policy;
(b) protected;
(i) suspension with pay pending hearing results;
(ii) personnel decision-making before discipline;
(iii) removal from adverse or hostile work environment situations;
(iv) fitness for duty or employee assistance; or
(v) other reasons consistent with agency policy;
(c) reward in lieu of cash;
(i) the agency head or designee may grant paid administrative leave up to one day per occurrence;
(ii) management may not grant administrative leave exceeding one day without written approval from the agency head;
(iii) management may not grant more than 40 hours of administrative leave per fiscal year as a reward in lieu of cash;
(iv) management may grant administrative leave as a reward in lieu of cash to employees of another agency if both agency heads agree in advance; or
(d) employee education assistance.
(2) Management shall grant an employee up to two hours of administrative leave to vote in an official election if the employee has fewer than three total hours off the job between the time the polls open and close, and the employee applies for the leave at least 24 hours in advance. Management may specify the hours when the employee may be absent.
(3) Management shall grant an employee up to four hours of administrative leave per fiscal year for mental health care or mental health care education consistent with the Governor's Executive Order, 10/12/2021. The leave may be used intermittently in increments of at least one hour. Employees must obtain advance approval to minimize disruptions to operations. Management may not require a doctor's note or any other proof of attendance or participation in mental health promoting activities. (4) Management shall include employees who are on leave under the FMLA or military leave under USERRA in a grant of administrative leave for non-performance based purposes if the leave would have been given had the employee been in a working status. ([4]5) Administrative leave taken shall be documented in the employee's leave record. ([5]6) Administrative leave is not an employee right and management may grant it disparately within its workforce depending on agency needs. 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.
