Human Resource Management, Administration

Rule R477-7

Leave

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35827
Filed: 02/02/2012 03:04:43 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

This rule addresses numerous state and federal laws that require implementation through rule or clarification for administrative purposes. These include the federal Family Medical Leave Act (FMLA) and the regulations associated with it in 29 USC 2601, and the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). Each of these acts require conformance by employers and provide for certain degrees of flexibility that must be addressed in rule. Numerous sections of the Utah Code must also be addressed in rule. These include: Title 34, Chapter 43, that provides for disaster service volunteer leave; Title 34A, Chapter 2, that provides the Workers' Compensation benefit for state employees; Section 39-3-1 that provides for time off for state employees for military purposes; Title 49, Chapter 21, that provides the Long Term Disability benefits for state employees; Section 63G-1-301 that provides for official state holidays; Section 67-19-6 that provides broad rulemaking authority for the Department of Human Resource Management (DHRM) and is the legal provision for the annual leave, sick leave, jury leave, funeral leave, and furlough provisions; Section 67-19-12.7 and 12.9 that provides for annual leave conversion to the deferred compensation program; Section 67-19-14 through 14.4 that establishes the legal foundation for the converted sick leave and sick leave retirement programs; and Section 67-19-14.5 that provides for organ donor leave.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Utah Public Employees' Association (UPEA) comments included: a request to strike reference to personal preference day; a recommendation to recognize disaster relief organizations beyond American Red Cross; request to include changes in one section in another for clarity; a request to include educational assistance as a reason for administrative leave; and a request to include language from one section of leave in another. The Utah Department of Administrative Services, Division of Risk Management, recommended new language for long term disability leave to eliminate the impression that a short return to work requires a new six-month period.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule sets parameters and limits on the granting of the various kinds of leave offered to employees. Some of the leave is defined in state code and some is defined in rule. Leave is considered a benefit and some, such as annual and holiday leave, are part of the employee compensation system and thus a property right. It is a well established legal precedent that benefits and compensation must be administered consistently or the employer is exposed to considerable liability. This rule is critical and necessary to the proper management of the state HR system as long as leave is offered to employees. Since this is part of employee compensation, cost is also an issue. This rule helps contain the cost of the leave benefit. Therefore, this rule should be continued. DHRM made the following responses to comments: reference to personal preference day was not removed because it is required in code. The recognition of disaster relief organizations was implemented; requested clarifying language was placed in rule; rather than listing educational assistance as a specific reason for administrative leave, DHRM granted broader latitude in accordance with agency policies; DHRM did not insert duplicate language into rule to avoid redundancy and unnecessary rule length. Recommendations from Division of Risk Management were implemented.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• J.J. Acker at the above address, by phone at 801-538-4297, by FAX at 801-538-3081, or by Internet E-mail at jacker@utah.gov

Authorized by:

Jeff Herring, Executive Director

Effective:

02/02/2012