§ 53G-11-208 — Local education agency required to provide leave to a legislator on an authorized legislative day.

Utah § 53G-11-208

• Jurisdiction: Utah
• Title 53G: Public Education System -- Local Administration
• Ch. 53G-11: Employees
• Part 53G-11-2: Miscellaneous Requirements

Text

(1) As used in this section:
(1)(a) "Authorized legislative day" means:
(1)(a)(i) the day on which the Legislature convenes in annual general session, and each day after that day, until midnight of the 45th day of the annual general session;
(1)(a)(ii) a special session day;
(1)(a)(iii) a veto override session day;
(1)(a)(iv) an interim day designated by the Legislative Management Committee;
(1)(a)(v) an authorized legislative training day; or
(1)(a)(vi) any other day on which a meeting of a committee, subcommittee, commission, task force, or other entity is held, if:
(1)(a)(vi)(A) the committee, subcommittee, commission, task force, or other entity is created by statute or joint resolution;
(1)(a)(vi)(B) the legislator's attendance at the meeting is approved by the Legislative Management Committee; and
(1)(a)(vi)(C) service and payment for service by the legislator is not in violation of the Utah Constitution, including Article V and Article VI, Sections 6 and 7.
(1)(b) "Authorized legislative training day" means a day that a Legislative Expenses Oversight Committee designates as an authorized legislative day for training or informational purposes, including:
(1)(b)(i) chair training;
(1)(b)(ii) an issue briefing;
(1)(b)(iii) legislative leadership instruction;
(1)(b)(iv) legislative process training;
(1)(b)(v) legislative rules training;
(1)(b)(vi) new legislator orientation; or
(1)(b)(vii) another meeting to brief, instruct, orient, or train a legislator in relation to the legislator's official duties.
(1)(c) "Legislator" means:
(1)(c)(i) a member of the Utah Senate;
(1)(c)(ii) a member of the Utah House of Representatives; or
(1)(c)(iii) an individual who has been elected as a member described in Subsection (1)(c)(i) or (ii), but has not yet been sworn in or begun the individual's term of office.
(1)(d) "Retaliatory action" means to:
(1)(d)(i) dismiss the employee;
(1)(d)(ii) reduce the employee's compensation;
(1)(d)(iii) fail to increase the employee's compensation by an amount that the employee is otherwise entitled to or was promised;
(1)(d)(iv) fail to promote the employee if the employee would have otherwise been promoted; or
(1)(d)(v) threaten to take an action described in Subsections (1)(d)(i) through (iv).
(2) Except as provided in Subsection (4), a local education agency that employs an individual who is a legislator:
(2)(a) shall grant leave to the individual on an authorized legislative day for the number of hours requested by the individual;
(2)(b) may not interfere with, or otherwise restrain the individual from, using the leave described in Subsection (2)(a); and
(2)(c) may not take retaliatory action against the individual for using the leave described in Subsection (2)(a).
(3) The leave described in Subsection (2) is leave without pay unless the local education agency and the individual described in Subsection (2) agree to terms that are more favorable to the individual.
(4) A local education agency is not required to comply with Subsection (2) if the local school district board of the local education agency determines that complying with the requirement would cause the local education agency significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the local education agency's operations.

Legislative History

Enacted by Chapter 402, 2024 General Session