F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 889 2020
1 A bill to be entitled
2 An act relating to employment practices; creating ch.
3 444, F.S., entitled the "Florida Family Leave Act";
4 providing a short title; providing legislative
5 findings and intent; providing definitions; requiring
6 an employer to allow certain employees to take family
7 leave to bond with a minor child upon the child's
8 birth, adoption, or foster care placement; requiring
9 an employee to take certain actions in order to
10 receive family leave; specifying limitations and
11 duties related to an employer's administration of
12 family leave; requiring that family leave be taken
13 concurrently with any leave taken under federal family
14 and medical leave provisions; requiring an employer to
15 provide notice to employees of the right to family
16 leave; prescribing notice requirements; requiring the
17 Department of Economic Opportunity to create a model
18 notice that specifies family leave rights; specifying
19 circumstances under which an employer is deemed in
20 compliance with notice requirements; providing a civil
21 penalty for an employer's failure to comply with the
22 notice requirements; authorizing the executive
23 director of the department to conduct an investigation
24 under certain circumstances; establishing rebuttable
25 presumptions that an employer has violated certain
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26 provisions of ch. 444, F.S., under specified
27 circumstances; authorizing the executive director to
28 take certain actions in the event of specified
29 violations; authorizing an employee to bring a civil
30 action against an employer for a violation; providing
31 a timeframe for filing such action; authorizing the
32 award of specified compensation, damages, and fees;
33 providing a civil penalty; prohibiting an employee
34 from taking certain actions in bad faith; providing a
35 criminal penalty; authorizing the department to adopt
36 rules; providing construction; amending s. 760.10,
37 F.S.; revising the Florida Civil Rights Act of 1992 to
38 prohibit specified employment practices on the basis
39 of pregnancy, childbirth, or a medical condition
40 related to pregnancy or childbirth; providing for
41 leave, maintenance of health coverage, reasonable
42 accommodation and transfer, and return rights for an
43 employee who is disabled from pregnancy, childbirth,
44 or a medical condition related to pregnancy or
45 childbirth; providing construction; reenacting and
46 amending s. 760.11(1), F.S., relating to
47 administrative and civil remedies for violations of
48 the Florida Civil Rights Act of 1992; conforming a
49 cross-reference; providing an effective date.
50
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51 Be It Enacted by the Legislature of the State of Florida:
52
53 Section 1. Chapter 444, Florida Statutes, consisting of
54 sections 444.001-444.008, Florida Statutes, is created to read:
55 CHAPTER 444
56 THE FLORIDA FAMILY LEAVE ACT
57 444.001 Short title.—This chapter may be cited as the
58 "Florida Family Leave Act."
59 444.002 Legislative findings and intent.—The Legislature
60 finds that it is in the public interest to provide paid family
61 leave to employees for the birth, adoption, or foster care
62 placement of a new child. The need for paid family leave has
63 increased as the participation of both parents in the workforce
64 has increased and the number of single parents has grown.
65 Despite knowing the importance of time spent bonding with a new
66 child, the majority of employees in this state are unable to
67 take family leave because they are unable to afford leave
68 without pay. When an employee does not receive income during a
69 leave of absence, his or her family suffers as a result of the
70 employee's loss of income, increasing demand on the state's
71 reemployment assistance program and dependence on the state's
72 welfare system. Therefore, in an effort to assist employees in
73 reconciling the demands of work and family, the Legislature
74 intends to require employers to allow employees to take paid
75 family leave to bond with their minor child during the first 3
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76 months after the birth of the child or the placement of the
77 child through the foster care system or by adoption.
78 444.003 Definitions.—As used in this chapter, the term:
79 (1) "Adverse action" includes:
80 (a) Discharge.
81 (b) Demotion.
82 (c) A threat of discharge or demotion to an employee.
83 (d) Any other retaliatory action that results in a change
84 in the terms or conditions of employment which would dissuade a
85 reasonable employee from exercising a right under this chapter.
86 (2) "Child" means a biological, adopted, or foster son or
87 daughter or a stepson or stepdaughter of an employee.
88 (3) "Department" means the Department of Economic
89 Opportunity.
90 (4) "Employee" means a person who performs services for
91 hire for an employer for an average of 20 or more hours per
92 week. The term includes all individuals employed at any site
93 owned or operated by an employer, not including an independent
94 contractor.
95 (5) "Employer" has the same meaning as in s. 760.02(7).
96 (6) "Executive director" means the executive director of
97 the Department of Economic Opportunity.
98 (7) "Family leave" means a paid leave of absence from
99 employment because of the birth of an employee's child or the
100 placement of a child with an employee through the foster care
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101 system or by adoption.
102 444.004 Family leave upon the birth, adoption, or foster
103 care placement of a child.—
104 (1) Beginning July 1, 2020, an employer shall allow an
105 employee who has been employed by the employer for at least 18
106 months to take paid family leave from employment, for up to 3
107 months, for the employee to bond with his or her minor child
108 during the first 3 months after the birth or placement of the
109 child in connection with foster care or adoption. The family
110 leave must be without loss of pay or diminution of any
111 privilege, benefit, or right arising out of the employee's
112 employment.
113 (2) In order to receive family leave, an employee must:
114 (a) Request the leave from his or her employer as soon as
115 practicable after the employee determines that he or she needs
116 to take leave to bond with his or her child.
117 (b) Notify the employer of the anticipated duration of the
118 leave.
119 (c) Comply with any reasonable procedures established by
120 the employer for an employee to follow when requesting and
121 obtaining leave.
122 (3) An employer may require an employee who requests or
123 obtains family leave to provide reasonable documentation to
124 verify eligibility to take family leave.
125 (4) An employer may not take adverse action against an
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126 employee for requesting or obtaining family leave authorized
127 under this section.
128 (5) An employer shall retain a record of family leave
129 taken by an employee for at least 3 years. After giving the
130 employer notice and determining a mutually agreeable time for
131 inspection, the executive director may inspect the record for
132 the purpose of determining the employer's compliance with this
133 section. If an employer fails to retain a record as required
134 under this subsection or to allow the executive director to
135 inspect such records, the executive director may take action
136 under s. 444.006(3).
137 (6) Family leave taken under this section must be taken
138 concurrently with leave taken under the Family Medical Leave
139 Act.
140 444.005 Notice requirements.—
141 (1) An employer shall notify his or her employees that
142 they are entitled to family leave to bond with a minor child
143 upon meeting the requirements for eligibility set forth in this
144 chapter.
145 (2) The notice must include all of the following:
146 (a) The purposes for which the employer is required to
147 allow an employee to take family leave.
148 (b) A statement regarding the prohibition of the employer
149 taking adverse action against an employee who exercises a right
150 under this section.
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151 (c) Information regarding the right of an employee to
152 report an alleged violation of this chapter by the employer to
153 the executive director or to bring a civil action under s.
154 444.006.
155 (3) The department shall create and make available to
156 employers a model notice that employers may use to comply with
157 subsection (1). The model notice must be printed in English,
158 Spanish, Haitian Creole, and any other language the executive
159 director determines is necessary to notify employees of the
160 rights under this chapter.
161 (4) An employer is deemed to be in compliance with
162 subsection (1) by:
163 (a) Displaying the model notice created by the department
164 in a conspicuous and accessible area at the site where employees
165 work;
166 (b) Including the model notice created by the department
167 in an employee handbook or other written guide for employees
168 concerning employee benefits or leave provided by the employer;
169 or
170 (c) Providing the model notice created by the department
171 to each employee at the time of initial hiring.
172 (5) If an employer decides not to use the model notice
173 created by the department, the employer's notice must contain
174 the same information that is included in the model notice.
175 (6) In lieu of posting the model notice, an employer may
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176 distribute the notice to employees by electronic means.
177 (7) An employer who violates this section is subject to a
178 civil penalty of not more than $500 for the first violation and
179 not more than $1,000 for each subsequent violation.
180 444.006 Violations of chapter; civil action; penalties.—
181 (1) Upon receiving a written complaint from an employee,
182 the executive director may conduct an investigation to determine
183 whether the employer has violated this chapter.
184 (2)(a) There is a rebuttable presumption that an employer
185 has violated this chapter if the employer takes adverse action
186 against an employee within 90 days after the employee:
187 1. Files a complaint with the executive director alleging
188 a violation of this chapter or files a civil action under this
189 section;
190 2. Informs a person about an alleged violation of this
191 chapter by his or her employer;
192 3. Cooperates with the executive director or another
193 person in the investigation or prosecution of an alleged
194 violation of this chapter by his or her employer; or
195 4. Opposes a policy or practice of his or her employer or
196 an act committed by the employer which is prohibited under this
197 chapter.
198 (b) The rebuttable presumption may be overcome by clear
199 and convincing evidence.
200 (3) If the executive director determines that a violation
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201 of this chapter has occurred, the executive director may:
202 (a) Attempt to informally resolve any pertinent issue
203 through mediation;
204 (b) With the written consent of the employee, request the
205 Attorney General to bring an action on behalf of the employee in
206 accordance with this section; or
207 (c) File a civil action on behalf of an employee in the
208 county in which the violation allegedly occurred.
209 (4) An employee may file a civil action in a court of
210 competent jurisdiction against his or her employer for a
211 violation of this chapter regardless of whether the employee has
212 first filed a complaint with the executive director.
213 (5) A civil action brought under subsection (3) or
214 subsection (4) must be filed within 3 years after the occurrence
215 of the act on which the action is based.
216 (6)(a) If a court finds that an employer violated this
217 chapter in an action brought under subsection (3) or subsection
218 (4), the court may award