United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-3-1111, 2024

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employee leaveretaliationwage treatmentworkplace compliance

Jurisdiction: United States — Utah
Status: In force
Official identity: Year 2024
Dates: Enacted 2024

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Dates: Enacted 2024

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Purpose and legislative effect

“Municipality required to provide leave to a legislator on an authorized legislative day. As used in this section: "Authorized legislative day" means: the day on which the Legislature convenes in annual general session, and each day after”

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Municipality required to provide leave to a legislator on an authorized legislative day.

Section 10-3-1111

Subsection 10-3-1111(1)(a)(vi)(A)

This provision refers to a committee, subcommittee, commission, task force, or other entity created by statute or joint resolution.

Section 10-3-1111(1)(a)(vi)(A)

Subsection 10-3-1111(1)(b)(vi)

new legislator orientation; or

Section 10-3-1111(1)(b)(vi)

Subsection 10-3-1111(1)(d)(ii)

reduce the employee's compensation;

Section 10-3-1111(1)(d)(ii)

Subsection 10-3-1111(4)

A municipality does not have to comply with Subsection (2) if its legislative body determines compliance would cause significant difficulty or expense for the municipality.

Section 10-3-1111(4)

Source and current-law status

In force source record

Source record from le.utah.gov · Enacted 2024

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Showing 36 of 36 provisions

Provision 36

Part 10-3-11

part 10-3-11 Personnel Rules and Benefits

§ 10-3-1111Municipality required to provide leave to a legislator on an authorized legislative day.Provision

Source excerpt

Municipality required to provide leave to a legislator on an authorized legislative day. As used in this section: "Authorized legislative day" means: 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; a special session day; a veto override session day; an interim day designated by the Legislative Management Committee; an authorized legislative training day; or any other day on which a meeting of a committee, subcommittee, commission, task force, or other entity is held, if: the committee, subcommittee, commission, task force, or other entity is created by statute or joint resolution; the legislator's attendance at the meeting is approved by the Legislative Management Committee; and 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. "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: chair training; an issue briefing; legislative leadership instruction; legislative process training; legislative rules training; new legislator orientation; or another meeting to brief, instruct, orient, or train a legislator in relation to the legislator's official duties. "Legislator" means: a member of the Utah Senate; a member of the Utah House of Representatives; or 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. "Retaliatory action" means to: dismiss the employee; reduce the employee's compensation; fail to increase the employee's compensation by an amount that the employee is otherwise entitled to or was promised; fail to promote the employee if the employee would have otherwise been promoted; or threaten to take an action described in Subsections (1)(d)(i) through (iv). Except as provided in Subsection (4), a municipality that employs an individual who is a legislator: shall grant leave to the individual on an authorized legislative day for the number of hours requested by the individual; may not interfere with, or otherwise restrain the individual from, using the leave described in Subsection (2)(a); and may not take retaliatory action against the individual for using the leave described in Subsection (2)(a). The leave described in Subsection (2) is leave without pay unless the municipality and the individual described in Subsection (2) agree to terms that are more favorable to the individual. A municipality is not required to comply with Subsection (2) if the legislative body of the municipality determines that complying with the requirement would cause the municipality significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the municipality's operations.

Section 10-3-1111Verify source

§ 10-3-1111(1)Subsection 10-3-1111(1)Provision

Source excerpt

This subsection defines several terms used in the section, including “authorized legislative day,” “authorized legislative training day,” “legislator,” and “retaliatory action.”

As used in this section: "Authorized legislative day" means: 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; a special session day; a veto override session day; an interim day designated by the Legislative Management Committee; an authorized legislative training day; or any other day on which a meeting of a committee, subcommittee, commission, task force, or other entity is held, if: the committee, subcommittee, commission, task force, or other entity is created by statute or joint resolution; the legislator's attendance at the meeting is approved by the Legislative Management Committee; and 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. "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: chair training; an issue briefing; legislative leadership instruction; legislative process training; legislative rules training; new legislator orientation; or another meeting to brief, instruct, orient, or train a legislator in relation to the legislator's official duties. "Legislator" means: a member of the Utah Senate; a member of the Utah House of Representatives; or 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. "Retaliatory action" means to: dismiss the employee; reduce the employee's compensation; fail to increase the employee's compensation by an amount that the employee is otherwise entitled to or was promised; fail to promote the employee if the employee would have otherwise been promoted; or threaten to take an action described in Subsections (1)(d)(i) through (iv).

Section 10-3-1111(1)Verify source

§ 10-3-1111(1)(a)Subsection 10-3-1111(1)(a)Provision

Source excerpt

"Authorized legislative day" includes several categories of legislative days and may also include certain committee or other entity meeting days if specified conditions are met.

"Authorized legislative day" means: 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; a special session day; a veto override session day; an interim day designated by the Legislative Management Committee; an authorized legislative training day; or any other day on which a meeting of a committee, subcommittee, commission, task force, or other entity is held, if: the committee, subcommittee, commission, task force, or other entity is created by statute or joint resolution; the legislator's attendance at the meeting is approved by the Legislative Management Committee; and 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.

Section 10-3-1111(1)(a)Verify source

§ 10-3-1111(1)(a)(i)Subsection 10-3-1111(1)(a)(i)Provision

Source excerpt

This provision states a time period running from the day the Legislature convenes in annual general session through midnight of the 45th day of that session.

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;

Section 10-3-1111(1)(a)(i)Verify source

§ 10-3-1111(1)(a)(ii)Subsection 10-3-1111(1)(a)(ii)Provision

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a special session day;

Section 10-3-1111(1)(a)(ii)Verify source

§ 10-3-1111(1)(a)(iii)Subsection 10-3-1111(1)(a)(iii)Provision

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a veto override session day;

Section 10-3-1111(1)(a)(iii)Verify source

§ 10-3-1111(1)(a)(iv)Subsection 10-3-1111(1)(a)(iv)Provision

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The Legislative Management Committee may designate an interim day.

an interim day designated by the Legislative Management Committee;

Section 10-3-1111(1)(a)(iv)Verify source

§ 10-3-1111(1)(a)(v)Subsection 10-3-1111(1)(a)(v)Provision

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an authorized legislative training day; or

Section 10-3-1111(1)(a)(v)Verify source

§ 10-3-1111(1)(a)(vi)Subsection 10-3-1111(1)(a)(vi)Provision

Source excerpt

any other day on which a meeting of a committee, subcommittee, commission, task force, or other entity is held, if: the committee, subcommittee, commission, task force, or other entity is created by statute or joint resolution; the legislator's attendance at the meeting is approved by the Legislative Management Committee; and 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.

Section 10-3-1111(1)(a)(vi)Verify source

§ 10-3-1111(1)(a)(vi)(A)Subsection 10-3-1111(1)(a)(vi)(A)Provision

Source excerpt

This provision refers to a committee, subcommittee, commission, task force, or other entity created by statute or joint resolution.

the committee, subcommittee, commission, task force, or other entity is created by statute or joint resolution;

Section 10-3-1111(1)(a)(vi)(A)Verify source

§ 10-3-1111(1)(a)(vi)(B)Subsection 10-3-1111(1)(a)(vi)(B)Provision

Source excerpt

the legislator's attendance at the meeting is approved by the Legislative Management Committee; and

Section 10-3-1111(1)(a)(vi)(B)Verify source

§ 10-3-1111(1)(a)(vi)(C)Subsection 10-3-1111(1)(a)(vi)(C)Provision

Source excerpt

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.

Section 10-3-1111(1)(a)(vi)(C)Verify source

§ 10-3-1111(1)(b)Subsection 10-3-1111(1)(b)Provision

Source excerpt

An authorized legislative training day is a day the Legislative Expenses Oversight Committee designates for training or informational purposes.

"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: chair training; an issue briefing; legislative leadership instruction; legislative process training; legislative rules training; new legislator orientation; or another meeting to brief, instruct, orient, or train a legislator in relation to the legislator's official duties.

Section 10-3-1111(1)(b)Verify source

§ 10-3-1111(1)(b)(i)Subsection 10-3-1111(1)(b)(i)Provision

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chair training;

Section 10-3-1111(1)(b)(i)Verify source

§ 10-3-1111(1)(b)(ii)Subsection 10-3-1111(1)(b)(ii)Provision

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an issue briefing;

Section 10-3-1111(1)(b)(ii)Verify source

§ 10-3-1111(1)(b)(iii)Subsection 10-3-1111(1)(b)(iii)Provision

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legislative leadership instruction;

Section 10-3-1111(1)(b)(iii)Verify source

§ 10-3-1111(1)(b)(iv)Subsection 10-3-1111(1)(b)(iv)Provision

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legislative process training;

Section 10-3-1111(1)(b)(iv)Verify source

§ 10-3-1111(1)(b)(v)Subsection 10-3-1111(1)(b)(v)Provision

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legislative rules training;

Section 10-3-1111(1)(b)(v)Verify source

§ 10-3-1111(1)(b)(vi)Subsection 10-3-1111(1)(b)(vi)Provision

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new legislator orientation; or

Section 10-3-1111(1)(b)(vi)Verify source

§ 10-3-1111(1)(b)(vii)Subsection 10-3-1111(1)(b)(vii)Provision

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another meeting to brief, instruct, orient, or train a legislator in relation to the legislator's official duties.

Section 10-3-1111(1)(b)(vii)Verify source

§ 10-3-1111(1)(c)Subsection 10-3-1111(1)(c)Provision

Source excerpt

“Legislator” means a Utah Senator, a Utah House member, or an elected member who has not yet been sworn in or started the term.

"Legislator" means: a member of the Utah Senate; a member of the Utah House of Representatives; or 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.

Section 10-3-1111(1)(c)Verify source

§ 10-3-1111(1)(c)(i)Subsection 10-3-1111(1)(c)(i)Provision

Source excerpt

This text identifies a member of the Utah Senate.

a member of the Utah Senate;

Section 10-3-1111(1)(c)(i)Verify source

§ 10-3-1111(1)(c)(ii)Subsection 10-3-1111(1)(c)(ii)Provision

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a member of the Utah House of Representatives; or

Section 10-3-1111(1)(c)(ii)Verify source

§ 10-3-1111(1)(c)(iii)Subsection 10-3-1111(1)(c)(iii)Provision

Source excerpt

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.

Section 10-3-1111(1)(c)(iii)Verify source

§ 10-3-1111(1)(d)Subsection 10-3-1111(1)(d)Provision

Source excerpt

“Retaliatory action” is defined to include dismissing an employee, reducing compensation, failing to give an increase or promotion the employee was otherwise entitled to or promised, or threatening those actions.

"Retaliatory action" means to: dismiss the employee; reduce the employee's compensation; fail to increase the employee's compensation by an amount that the employee is otherwise entitled to or was promised; fail to promote the employee if the employee would have otherwise been promoted; or threaten to take an action described in Subsections (1)(d)(i) through (iv).

Section 10-3-1111(1)(d)Verify source

§ 10-3-1111(1)(d)(i)Subsection 10-3-1111(1)(d)(i)Provision

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dismiss the employee;

Section 10-3-1111(1)(d)(i)Verify source

§ 10-3-1111(1)(d)(ii)Subsection 10-3-1111(1)(d)(ii)Provision

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reduce the employee's compensation;

Section 10-3-1111(1)(d)(ii)Verify source

§ 10-3-1111(1)(d)(iii)Subsection 10-3-1111(1)(d)(iii)Provision

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Do not fail to increase an employee’s compensation by an amount the employee is otherwise entitled to or was promised.

fail to increase the employee's compensation by an amount that the employee is otherwise entitled to or was promised;

Section 10-3-1111(1)(d)(iii)Verify source

§ 10-3-1111(1)(d)(iv)Subsection 10-3-1111(1)(d)(iv)Provision

Source excerpt

It prohibits failing to promote an employee when the employee would otherwise have been promoted.

fail to promote the employee if the employee would have otherwise been promoted; or

Section 10-3-1111(1)(d)(iv)Verify source

§ 10-3-1111(1)(d)(v)Subsection 10-3-1111(1)(d)(v)Provision

Source excerpt

A person may not threaten to take an action covered by Subsections (1)(d)(i) through (iv).

threaten to take an action described in Subsections (1)(d)(i) through (iv).

Section 10-3-1111(1)(d)(v)Verify source

§ 10-3-1111(2)Subsection 10-3-1111(2)Provision

Source excerpt

Except as provided in Subsection (4), a municipality employing a legislator must grant requested leave on an authorized legislative day and must not interfere with or retaliate against the legislator for using that leave.

Except as provided in Subsection (4), a municipality that employs an individual who is a legislator: shall grant leave to the individual on an authorized legislative day for the number of hours requested by the individual; may not interfere with, or otherwise restrain the individual from, using the leave described in Subsection (2)(a); and may not take retaliatory action against the individual for using the leave described in Subsection (2)(a).

Section 10-3-1111(2)Verify source

§ 10-3-1111(2)(a)Subsection 10-3-1111(2)(a)Provision

Source excerpt

The individual must be granted leave on an authorized legislative day for the number of hours requested.

shall grant leave to the individual on an authorized legislative day for the number of hours requested by the individual;

Section 10-3-1111(2)(a)Verify source

§ 10-3-1111(2)(b)Subsection 10-3-1111(2)(b)Provision

Source excerpt

A person may not interfere with or restrain an individual from using the leave described in Subsection (2)(a).

may not interfere with, or otherwise restrain the individual from, using the leave described in Subsection (2)(a); and

Section 10-3-1111(2)(b)Verify source

§ 10-3-1111(2)(c)Subsection 10-3-1111(2)(c)Provision

Source excerpt

A person may not retaliate against an individual for using the leave described in Subsection (2)(a).

may not take retaliatory action against the individual for using the leave described in Subsection (2)(a).

Section 10-3-1111(2)(c)Verify source

§ 10-3-1111(3)Subsection 10-3-1111(3)Provision

Source excerpt

The leave described in Subsection (2) is leave without pay unless the municipality and the individual described in Subsection (2) agree to terms that are more favorable to the individual.

Section 10-3-1111(3)Verify source

§ 10-3-1111(4)Subsection 10-3-1111(4)Provision

Source excerpt

A municipality does not have to comply with Subsection (2) if its legislative body determines compliance would cause significant difficulty or expense for the municipality.

A municipality is not required to comply with Subsection (2) if the legislative body of the municipality determines that complying with the requirement would cause the municipality significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the municipality's operations.

Section 10-3-1111(4)Verify source

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Utah Code § 10-3-1111, 2024

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