Utah Admin. Code R477-7-21 - Safe Leave

(1) An employee is eligible for safe 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;

(d) is not an employee of the State Board of Education; and

(e) the employee has exhausted all annual, compensatory, and excess leave.

(2) An employee shall notify management of the intended start and stop dates of safe leave:

(a) seven days in advance; or

(b) as soon as practicable when circumstances beyond the employee's control prevent seven days of notice.

(3) Management may not charge safe leave against any accrued leave balance on the employee's record.

(4) No person may interfere with an employee's intent to use safe leave or retaliate against an employee who receives safe leave.

(5) Safe leave is administered as follows:

(a) An employee is qualified for safe leave when the employee or their immediate family member is the victim of domestic violence, sexual assault, stalking, or human trafficking. Immediate family members are parents, spouse, child, sibling, or any other individual whom the employee may claim as a dependent for purposes of state or federal income tax.

(b) Management shall grant up to one week of paid safe leave to an employee who gives notice that they intend to use safe 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 safe leave.

(d) An employee may not use safe leave more than two years after the qualifying event from Subsection (5)(a) except to participate in a criminal proceeding related to the event.

(e) An employee may use safe leave intermittently.

(f) Safe leave:

(i) runs concurrently with leave under the FMLA, if applicable;

(ii) is limited to one week within a calendar year; and

(iii) does not increase when more than one qualifying event occurs in a single calendar year.

Notes

Utah Admin. Code R477-7-21

Adopted by Utah State Bulletin Number 2025-02, effective 1/9/2025