DAR File No. 39320

Human Resource Management, Administration

Section R477-8-3

Lunch, Break and Exercise Release Periods

Notice of Proposed Rule

(Amendment)

DAR File No.: 39320
Filed: 04/30/2015 10:01:48 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

H.B. 242 of the 2015 General Session updated the statutes relating to employees who are breastfeeding. The proposed amendments to affected rules reflect the new statutory mandates.

Summary of the rule or change:

The changes create Subsections R477-8-3(5)(a) and (b) to require employer to provide a private location and temporary storage for expressed breast milk; and revise language to make rule clearer.

State statutory or constitutional authorization for this rule:

• Section 34-49-102
• Section 34-49-101
• Section 34-49-204
• Section 34-49-202
• Section 67-19-6

Anticipated cost or savings to:

the state budget:

These changes are administrative and do not directly impact state budgets.

local governments:

This rule only affects the executive branch of state government and will have no impact on local government.

small businesses:

This rule only affects the executive branch of state government and will have no impact on small businesses.

persons other than small businesses, businesses, or local governmental entities:

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.

Compliance costs for affected persons:

There is no direct compliance cost for these amendments.

Comments by the department head on the fiscal impact the rule may have on businesses:

Rules published by the Department of Human Resource Management (DHRM) have no direct effect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the Utah Personnel Management Act, Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. The only possible impact may be a very slight, indirect effect if an agency passes costs or savings on to business through fees. However, it is anticipated that the minimal costs associated with these changes will be absorbed by agency budgets and will have no effect on business.

Debbie Cragun, Executive Director

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

Human Resource Management
Administration
Room 2120 STATE OFFICE BLDG
450 N MAIN ST
SALT LAKE CITY, UT 84114-1201

Direct questions regarding this rule to:

• Greg Hargis at the above address, by phone at 801-891-5680, by FAX at , or by Internet E-mail at ghargis@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

06/15/2015

Interested persons may attend a public hearing regarding this rule:

• 06/02/2015 10:00 AM, Senate Building, 420 N State Street, Copper Room, Salt Lake City, UT

This rule may become effective on:

07/01/2015

Authorized by:

Debbie Cragun, Executive Director

R477. Human Resource Management, Administration.

R477-8. Working Conditions.

R477-8-3. Lunch, Break and Exercise Release Periods.

(1) Each full time work day may include a minimum of 30 minutes noncompensated lunch period, at the discretion of agency management.

(a) Lunch periods may not be used to shorten a work day.

(2) An employee may take a 15 minute compensated break period for every four hours worked.

(a) Break periods may not be accumulated to accommodate a shorter work day or longer lunch period.

(3) Compensated exercise release time may be allowed at agency discretion for up to three days per week for 30 minutes.

(a) Participating agencies shall have a written policy regarding exercise release time.

(b) Work time exercise that is a bona fide job requirement is not subject to this section.

(4) Authorization for exercise time and regular scheduled lunch breaks less than 30 minutes shall be documented in the Utah Performance Management system.

(5) [Reasonable]As requested and after consultation with an employee, reasonable, daily [noncompensated ]break periods[, as requested by the employee,] shall be granted for the first year following the birth of a child [so that the]to allow an employee to[may] express breast milk for her child.

(a)  A private location, other than a restroom, shall be provided.

(b) Appropriate temporary storage shall be provided for expressed milk.

 

KEY: breaks, telecommuting, overtime, dual employment

Date of Enactment or Last Substantive Amendment: [July 1, 2014]2015

Notice of Continuation: February 2, 2012

Authorizing, and Implemented or Interpreted Law: 67-19-6; 67-19-6.7; 20A-3-103