(a) In addition to leave granted under §§ 8-50-801, 8-50-802, and 8-50-806, an eligible employee must be granted absence from work with pay for a period of time equal to six (6) workweeks because of the birth of the employee's child or the placement of a child with the employee for adoption, or because the employee is caring for a family member with a serious health condition, and upon the employee giving thirty-days' notice to the appropriate appointing authority. If the eligible employee learns of the birth, adoption, or family member's serious health condition less than thirty (30) days in advance, then the employee shall give the notice as soon as reasonably possible. For the purpose of calculating service anniversary dates, this absence from work is considered full-time employment.
(b) Leave used by an eligible employee pursuant to this section must not be charged to sick, annual, or other leave the employee may have accumulated.
(c) Leave granted pursuant to this section must count toward the eligible employee's use of leave required to be given by this state as an employer under the federal Family and Medical Leave Act (29 U.S.C. § 2601, et seq.) and § 4-21-408.
(d) An eligible employee must not be granted more than six (6) workweeks of paid leave under subsection (a) during a twelve-month period, but the workweeks do not need to be taken consecutively. Leave granted under subsection (a) may be taken on a reduced schedule or intermittently as provided under 29 U.S.C. § 2612 of the federal Family and Medical Leave Act. An eligible employee may receive no more than six (6) workweeks of paid leave during a twelve-month period, even if there is more than one (1) qualifying birth, adoption, or family member's serious health condition under subsection (a). Leave granted pursuant to this section for a qualifying birth or adoption must be used within twelve (12) months of the qualifying birth or adoption.
(e) (1) As used in this section:(A) “Eligible employee” means:(i) An employee who has been employed full-time with the state for at least twelve (12) consecutive months with an entity described in §§ 8-30-102(a), 8-30-102(b)(2), 8-30-102(b)(6)-(7), and 8-30-102(b)(10)-(13); or(ii) An employee who has been employed full-time with the state for at least twelve (12) consecutive months with an entity described in § 8-30-102(b)(9), except for an employee of any administrative board or commission that is attached to an entity described in § 8-30-102(b)(1) or § 8-30-102(b)(3)-(5);(B) “Family member” means an eligible employee's child, spouse, parent, or a grandchild if the grandparent has custody of the grandchild at the time leave is requested; and(C) “Serious health condition” means an illness or condition that involves hospice care.(2) The department of human resources may give guidance and further clarify the definitions of “serious health condition” and “family member” by policy.
(1) As used in this section:(A) “Eligible employee” means:(i) An employee who has been employed full-time with the state for at least twelve (12) consecutive months with an entity described in §§ 8-30-102(a), 8-30-102(b)(2), 8-30-102(b)(6)-(7), and 8-30-102(b)(10)-(13); or(ii) An employee who has been employed full-time with the state for at least twelve (12) consecutive months with an entity described in § 8-30-102(b)(9), except for an employee of any administrative board or commission that is attached to an entity described in § 8-30-102(b)(1) or § 8-30-102(b)(3)-(5);(B) “Family member” means an eligible employee's child, spouse, parent, or a grandchild if the grandparent has custody of the grandchild at the time leave is requested; and(C) “Serious health condition” means an illness or condition that involves hospice care.
(A) “Eligible employee” means:(i) An employee who has been employed full-time with the state for at least twelve (12) consecutive months with an entity described in §§ 8-30-102(a), 8-30-102(b)(2), 8-30-102(b)(6)-(7), and 8-30-102(b)(10)-(13); or(ii) An employee who has been employed full-time with the state for at least twelve (12) consecutive months with an entity described in § 8-30-102(b)(9), except for an employee of any administrative board or commission that is attached to an entity described in § 8-30-102(b)(1) or § 8-30-102(b)(3)-(5);
(i) An employee who has been employed full-time with the state for at least twelve (12) consecutive months with an entity described in §§ 8-30-102(a), 8-30-102(b)(2), 8-30-102(b)(6)-(7), and 8-30-102(b)(10)-(13); or
(ii) An employee who has been employed full-time with the state for at least twelve (12) consecutive months with an entity described in § 8-30-102(b)(9), except for an employee of any administrative board or commission that is attached to an entity described in § 8-30-102(b)(1) or § 8-30-102(b)(3)-(5);
(B) “Family member” means an eligible employee's child, spouse, parent, or a grandchild if the grandparent has custody of the grandchild at the time leave is requested; and
(C) “Serious health condition” means an illness or condition that involves hospice care.
(2) The department of human resources may give guidance and further clarify the definitions of “serious health condition” and “family member” by policy.
(f) The department of human resources shall establish policies for implementing this section with regard to executive branch agencies. With regard to nonexecutive branch agencies, the equivalent of the agency's human resources office shall establish policies for implementing this section.
(g) Paid leave under this section must be paid at one hundred percent (100%) of the employee's salary.
(h) If an eligible employee experienced a birth or adoption under subsection (a) prior to July 1, 2023 and has not used all of the federal Family and Medical Leave Act leave to which the employee was entitled as a result of the birth or adoption, then the employee is entitled to leave under this section beginning on July 1, 2023 for the remainder of the federal Family and Medical Leave Act leave that the employee uses on or after July 1, 2023 as a result of the event in subsection (a). The duration of paid leave must not exceed the paid leave available under subsection (d).
(i) If an eligible employee is caring for a family member with a serious health condition under subsection (a) prior to January 1, 2026, and has not used all of the leave to which the employee is entitled under the federal Family and Medical Leave Act, if applicable, then the employee is entitled to leave under this section beginning on January 1, 2026, for the remainder of leave to which the employee is entitled under the federal Family and Medical Leave Act, if applicable, on or after January 1, 2026, as a result of the employee caring for a family member with a serious health condition. The duration of paid leave must not exceed the paid leave available under subsection (d).