HB 329: State Employee Maternity and Leave Amendments - Utah

Substitute #3 → Enrolled · 7 edits · Mar 24, 2026

MODERATE

This bill updates Utah's paid leave laws to expand benefits for state employees and local education agencies (LEAs). Key changes include increasing postpartum recovery leave from three to six weeks, adding a separate four-week paid foster leave category, and clarifying rules for adoption and guardianship leave. The bill also introduces leave-sharing options for couples and updates breastfeeding protections to include the use of breast pumps.

Scope change

The bill expands the scope of paid leave eligibility to include legal guardianship appointments and creates a distinct 'foster leave' category separate from parental leave. It also extends the applicability of new leave rules to LEAs, requiring them to match state employee benefits.

REQUIREMENT

Increased postpartum recovery leave for state employees from three weeks to six weeks.

Created a new 'foster leave' category with a four-week paid duration, distinct from parental leave.

Allowed two employees who jointly adopt or foster a child to share a single paid leave period.

Required LEAs to provide adoption leave for children under six years old and foster leave for foster parents.

ELIGIBILITY

Added legal guardianship of a child or incapacitated adult as a qualifying event for parental leave.

DEFINITION

Amended the definition of breastfeeding to explicitly include the use of a mechanical breast pump.

TIMELINE

Extended the effective date of the bill from July 1, 2025, to July 1, 2026.

Substitute #2 → Substitute #3 · 6 edits

MODERATE

This bill revision reduces the amount of paid leave required for new parents and adoptive parents while maintaining the duration for foster care leave. It also updates the Senate sponsor's name and adjusts the effective date of the legislation. These changes represent a significant reduction in the financial and time commitments state employers must provide for maternity, adoption, and postpartum recovery compared to the previous version.

Scope change

The scope of required paid leave was reduced for state employees and LEA employees regarding childbirth and adoption, while the scope for foster care leave remained the same.

REQUIREMENT

Reduced the required postpartum recovery leave for state employees from nine weeks to six weeks.

Reduced the required adoption leave for state employees from nine weeks to six weeks.

Reduced the required postpartum recovery leave for LEA employees from nine weeks to six weeks.

Reduced the required adoption leave for LEA employees from nine weeks to six weeks.

TIMELINE

Changed the bill's effective date from July 1, 2026, to July 1, 2025.

TECHNICAL

Updated the Senate Sponsor's name from 'LONG TITLE' to 'Michael K. McKell'.

Substitute #1 → Substitute #2 · 7 edits

MODERATE

This bill significantly expands paid leave benefits for Utah state employees and Local Education Agencies (LEAs), increasing postpartum recovery leave from three to nine weeks and creating a new four-week paid foster leave category. It clarifies that adoption leave can be used at any point during the process, allows joint adoption/foster leave sharing between two parents, and prohibits combining parental, foster, and adoption leave for the same child. The changes aim to provide greater financial support and flexibility for new parents, adoptive families, and foster caregivers while ensuring administrative consistency across state and school district leave policies.

Scope change

The bill now explicitly applies to both state employees and LEA employees, requiring LEAs to develop leave policies that match the expanded benefits provided to state employees. It also clarifies that 'state employer' excludes higher education institutions and specific state offices.

REQUIREMENT

Increased postpartum recovery leave for state employees and LEA employees from three weeks to nine weeks.

Prohibited the combined use of parental leave, foster leave, and adoption leave for the same child to prevent double-dipping of benefits.

Updated LEA requirements to mandate three weeks of adoption leave and four weeks of foster leave, aligning them with state employee benefits.

ELIGIBILITY

Created a new four-week paid foster leave category, separating it from parental leave and restricting its use to the period while a child is in foster care.

Clarified that adoption leave may be used at any point during the adoption process, not just upon finalization, and allows two parents to share a single nine-week leave period for joint adoptions.

DEFINITION

Amended the Breastfeeding Protection Act to explicitly include the use of a breast pump as breastfeeding.

TIMELINE

Extended the effective date of the bill from July 1, 2025, to July 1, 2026.

Introduced → Substitute #1 · 6 edits

MODERATE

This bill was significantly streamlined to remove the state's financial obligation to reimburse Local Education Agencies (LEAs) for paid leave costs. The version now focuses solely on requiring LEAs to develop their own paid leave policies for teachers and staff, while the state's role is limited to enforcing these rules rather than paying for them.

Scope change

The bill's scope shifted from a state-funded reimbursement program for LEAs to a mandate requiring LEAs to independently establish and fund their own paid leave policies.

FISCAL

The LEA Optional Paid Leave Reimbursement Program and the $3,000,000 appropriation to fund it were completely removed.

REQUIREMENT

The requirement for the State Board of Education to create rules for reimbursing LEAs for costs incurred was eliminated.

The requirement for LEAs to develop paid leave policies was moved from an optional reimbursement program to a mandatory requirement.

DEFINITION

The definition of 'Child' in the LEA section was changed from 'younger than 18 years old' to 'younger than six years old' to align with state employee standards.

TIMELINE

The effective date for the LEA paid leave requirements was changed from July 1, 2025, to July 1, 2026.

TECHNICAL

Several sections detailing the Public Education Economic Stabilization Restricted Account and specific budgetary procedures were removed.

State Employee Maternity and Leave Amendments

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