When an employee needs time off from work to care for a sick family member, treat a serious health condition, or bond with a newborn child, it can take some research to find out which type of leave they might qualify for. In Utah, employers need to be aware of federal laws like the Family and Medical Leave Act (FMLA), as well as state laws.
So how much leave can eligible employees take under FMLA in Utah, and what kind of paperwork do you need to process their leave request? Let’s take a look at how Utah’s leave laws intersect with FMLA requirements and your company’s leave policies.
What Is FMLA in Utah?
The Family and Medical Leave Act (FMLA) provides up to 12 workweeks of leave for eligible employees in any state — including Utah — for the following reasons:
- Parental leave: To bond with a child after the adoption or birth of a child, or the placement of a child in foster care
- Medical leave: To treat the employee’s own serious health condition, including a serious injury, mental health condition, or another medical reason
- Family leave: To care for a family member with a medical condition or incapacity
- Military caregiver leave: To care for an ill or injured family member who is also a covered service member in the armed forces (up to 26 weeks of leave)
- Military family leave: To deal with a deployment or qualifying exigency related to a family member’s active military duty or reserve military service
FMLA leave is job-protected leave, which means that employees who qualify for FMLA in Utah must be allowed to keep their health insurance while on leave and return to the same job or an equivalent position once their leave has ended. Although FMLA protection generally applies to unpaid leave, employees can use accrued sick leave alongside FMLA leave entitlements.
Who Is Eligible for FMLA in Utah?
To make use of their FMLA rights in Utah, it’s not enough for an employee to meet one or more of these qualifying reasons. According to the U.S. Department of Labor’s Fact Sheet #28, the employee must work for a covered employer, which includes:
- Public and private schools and educational agencies
- Local, state, and federal government agencies of any size
- Private-sector employees with at least 50 employees who work within a 75-mile radius of the employee’s work location
In addition, the employee must have worked for their employer for at least 12 months, and performed at least 1,250 hours of work in the preceding 12-month period.
Employers are allowed to ask for additional information to verify an employee's leave eligibility — such as a medical certification from a health care provider — and must track FMLA leave on either a rolling basis or in line with the calendar year.
Are There Any Alternatives to FMLA in Utah?
Under FMLA, Utah employees have the same rights as employees anywhere else in the country — at least at the federal level. But what about at the state level? Although Utah doesn’t have a family medical leave act of its own, it has at least three leave laws that apply to state employees and one more that applies to all Utah employees:
Organ Donor Leave for State Employees
Under Utah law, state employees are entitled to a leave of absence for being a blood marrow or organ donor. Utah’s organ donor leave policy allows for:
- Paid leave for up to seven days for blood marrow donation and recovery
- Paid leave for up to 30 days for organ donation and recovery
Although this law only applies to state employees, other employees may be entitled to unpaid medical leave for organ donation under FMLA in Utah.
Bereavement Leave for State Employees
State employees in Utah are entitled to three days of paid bereavement leave following the death of a family member. This law applies to immediate family members, such as parents, spouses, and children, as well as “other unique family relationships.”
Public Employees’ Long-Term Disability Act
State employees in Utah — as well as certain other categories like volunteer firefighters — may be eligible for disability leave under the Public Employees’ Long-Term Disability Act. Private-sector employees in Utah may be eligible for short-term disability leave as an employee benefit or under the Americans with Disabilities Act (ADA).
Voting Leave
All Utah employees have the right to two hours of paid voting leave on election day, with some stipulations: the voter must request paid leave in advance, and it must be used at the beginning or end of their shift, or at a time that the employer designates.
If the employee already has at least three hours of time off while polls are open, they aren’t entitled to any additional voting leave.
FMLA Utah: Policies and Best Practices
Effective leave of absence management can be a challenge for any human resources team. Meeting your obligations under FMLA in Utah involves understanding state and federal law, tracking leave balances, and clearly communicating employee rights and responsibilities. Here are three best practices to streamline the process:
1. Create your own leave of absence policy.
Having a leave of absence policy in your employee handbook helps to set reasonable guidelines and expectations. How far in advance are employees expected to submit a leave of absence request? What documents are they required to provide?
While some of these guidelines are spelled out in FMLA or other state laws, including them in your leave of absence policy makes it easier for employees to understand and follow them. It also allows you to provide additional leave benefits that may not be required by Utah law, but which can help you improve employee satisfaction and retention.
2. Use leave of absence automation.
Leave of absence management includes everything from reviewing leave requests to confirming employee eligibility and tracking leave balances. This can get complicated quickly, especially if an employee makes multiple leave requests or needs to take an intermittent leave of absence for a single qualifying reason.
Using a leave of absence automation platform like Pulpstream allows you to:
- Provide a self-service portal for employees to submit leave requests
- Assess FMLA eligibility against a custom rules engine
- Request documentation and provide follow-up notifications
- Track employee attendance, absences, and leave balances
Without automation, processing a single leave request can involve hours of work for your HR team; with Pulptream, you can shorten the process to just 15 minutes.
3. Maintain compliance.
Having a clear and efficient leave process can improve employee satisfaction and help to ensure HR compliance. Use the FMLA Compliance Assistance Toolkit provided by the Wage and Hour Division (DOL.gov) to understand your obligations and provide helpful explanations in English and Spanish to your employees.
From adhering to FMLA confidentiality rules to tracking leave balances, Pulpstream’s cloud-based platform helps you understand and maintain FMLA compliance.
Navigate FMLA Leave in Utah with Pulpstream
Utah employees can make use of their rights under the Family and Medical Leave Act (FMLA) for a wide range of family and medical reasons. They may also have additional rights under Utah law, such as bereavement leave and organ donor leave, if they’re a Utah state employee.
Understanding your obligations as an employer and your rights as an employee can be complicated. Pulpstream’s leave management platform streamlines FMLA in Utah with an online portal that employees and HR teams can use to manage leave requests.
Request a demo today to see how Pulpstream saves you time and money.
