Arizona SB 1326: family leave.

Bill Text

SB1326 - 541R - I Ver 

 REFERENCE TITLE: family leave.

 State of 
 Arizona

 Senate

 Fifty-fourth 
 Legislature

 First Regular 
 Session

 2019

 SB 1326

 Introduced by 

 Senators Mendez: Alston, Bradley, Contreras, Dalessandro, 
 Gonzales, Navarrete, Otondo, Peshlakai, Quezada, Rios, Steele; 
 Representatives Butler, DeGrazia, Engel, Espinoza, Fernandez, Friese, 
 Gabald�n, Jermaine, Lieberman, Pawlik, Peten, Salman, Shah, Teller, Ter�n, 
 Tsosie

AN ACT

amending title 
23, Arizona Revised Statutes, by adding chapter 11; relating to employee leave.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 23, Arizona Revised Statutes, 
is amended by adding chapter 11, to read:

CHAPTER 11

FAMILY LEAVE

ARTICLE 1. GENERAL PROVISIONS

START_STATUTE23-1701. Definitions

In this chapter, unless the context otherwise 
requires:

1. "Child" means a 
biological, adopted or foster child, a stepchild, a legal ward or a child of a 
person standing in loco parentis, who is either of the following:

(a) Under 
eighteen years of age.

(b) Eighteen 
years of age or older and incapable of self-care because of a mental or 
physical disability.

2. "Department" means the 
department of economic security.

3. "Director" means the 
director of the department.

4. "Employee":

(a) Means a 
person who has been employed for both of the following:

(i) At least 
twelve months by the employer with respect to whom leave is requested under 
section 23-1703.

(ii) At least 
one thousand two hundred fifty hours of service with the employer during the 
previous twelve-month period.

(b) Does not 
mean a person who meets the requirements of subdivision (a) of this paragraph and who is employed at a worksite at which the 
employer employs less than fifty employees if the total number of employees 
employed by that employer within seventy-five miles of that worksite is less 
than fifty.

5. "Employer" means any of 
the following:

(a) Any person, 
firm, corporation, partnership, business trust, legal representative or other 
business entity that engages in any business, industry, profession or activity 
in this state and that employs fifty or more employees for each working day 
during each of twenty or more calendar workweeks in the current or preceding 
calendar year.

(b) This state, 
any state institution or any state agency.

(c) Any unit of 
local government, including a county, city, town, municipal corporation or 
other political subdivision.

6. "Employment benefits":

(a) Means all 
benefits that are provided or that are made available to employees by an 
employer.

(b) Includes 
group life insurance, health insurance, disability insurance, sick leave, 
annual leave, educational benefits and pensions.

(c) Does not 
include benefits that are provided by a practice or written policy of an 
employer or through an employee benefit plan as defined in 29 United States 
Code section 1002(3).

7. "Family member" means a 
child, parent, spouse or domestic partner of an employee.

8. "Health care provider" 
means any of the following:

(a) A physician 
who is licensed pursuant to title 32, chapter 13 or 17.

(b) A 
registered nurse practitioner who is licensed pursuant to title 32, chapter 15.

(c) Any other 
person that the director determines to be capable of providing health care 
services.

9. "Intermittent leave" 
means leave that is taken in separate blocks of time due to a single qualifying 
reason.

10. "Leave for a family member's 
serious health condition" means leave as described in section 23-1703, 
subsection A, paragraph 3.

11. "Leave for the birth or 
placement of a child" means leave as described in section 23-1703, 
subsection A, paragraph 1 or 2.

12. "Leave for the employee's 
serious health condition" means leave as described in section 23-1703, 
subsection A, paragraph 4.

13. "Parent" means the 
biological or adoptive parent of an employee or an individual who stood in loco 
parentis to an employee when the employee was a child.

14. "Period of incapacity" 
means an inability to work, attend school or perform other regular daily 
activities because of a serious health condition, treatment of a serious health 
condition or recovery from a serious health condition, or subsequent treatment 
in connection with such inpatient care.

15. "Reduced leave 
schedule" means a leave schedule that reduces the usual number of hours 
per workweek or hours per workday of an employee.

16. "Serious health 
condition" means an illness, injury, impairment or physical or mental 
condition that involves either:

(a) A period of 
incapacity or treatment connected with inpatient care, such as an overnight 
stay, in a hospital or a hospice or residential medical care facility and a 
period of incapacity or subsequent treatment or recovery in connection with the 
inpatient care.

(b) Continuing 
treatment by or under the supervision of a health care provider or a provider 
of