Bill > H1245

Introduced Session

An act relating to employment practices for family and medical leave; creating ch. 444, F.S., entitled the "Florida Family and Medical Leave Act"; providing a short title; providing legislative findings and intent; providing definitions; requiring an employer to allow certain employees to take family and medical leave to bond with a minor child upon the child's birth, adoption, or foster care placement; requiring an employee to take certain actions in order to receive family and medical leave; specifying limitations and duties related to an employer's administration of family and medical leave; requiring that family and medical leave be taken concurrently with any leave taken under federal family and medical leave provisions; requiring an employer to provide notice to employees of certain rights; prescribing notice requirements; requiring the Department of Economic Opportunity to create a model notice that specifies an employee's rights related to family and medical leave and family and medical leave insurance benefits; specifying circumstances under which an employer is deemed in compliance with notice requirements; providing a civil penalty for an employer's failure to comply with the notice hb1245-00 HB 1245 requirements; requiring the executive director of the department to conduct an investigation under certain circumstances; establishing rebuttable presumptions that an employer has violated certain provisions of ch. 444, F.S., under specified circumstances; authorizing the executive director to take certain actions in the event of specified violations; authorizing an employee to file a civil action against an employer for a violation; providing a timeframe for filing such action; authorizing the award of specified compensation, damages, and fees; providing a civil penalty; prohibiting an employee from taking certain actions in bad faith; providing a criminal penalty; authorizing a reduced leave schedule for family and medical leave if certain conditions are met; requiring the department to establish a family and medical leave insurance benefits program by a specified date; specifying duties of the department related to the program; providing that certain information is confidential; providing exceptions; providing the amount and duration of family and medical leave insurance benefits payable under the program; requiring the department to establish a system for appealing a denial of family and medical leave insurance benefits; providing confidentiality of hb1245-00 HB 1245 information relating to an appeal; authorizing an aggrieved party to file a civil action for a denial of family and medical leave insurance benefits; specifying when a covered individual is disqualified from family and medical leave insurance benefits; authorizing the repayment of certain benefits to the department; authorizing a self-employed person to elect coverage for family and medical leave insurance benefits; providing when a self-employed person may withdraw from coverage; requiring the department to provide certain notice if the Internal Revenue Service determines family and medical leave insurance benefits are subject to federal income tax; requiring an annual report to the Legislature; requiring certain public education outreach; authorizing the department to adopt rules; providing construction; amending s. 760.10, F.S.; revising the Florida Civil Rights Act of 1992 to prohibit specified employment practices on the basis of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth; providing for leave, maintenance of health coverage, reasonable accommodation and transfer, and return rights for an employee who is disabled from pregnancy, childbirth, or a medical condition related to pregnancy or childbirth; providing construction; reenacting and hb1245-00 HB 1245 amending s. 760.11(1), F.S., relating to administrative and civil remedies for violations of the Florida Civil Rights Act of 1992; correcting a cross-reference; providing an effective date.

AI Summary

Committee Categories

Tracie Davis (D)*,  Angie Nixon (D)*,  Ramon Alexander (D),  Fentrice Driskell (D),  Anna Eskamani (D),  Joy Goff-Marcil (D),  Yvonne Hinson (D),  Dotie Joseph (D),  Andrew Learned (D),  Daisy Morales (D),  Felicia Robinson (D),  Michelle Salzman (R),  Emily Slosberg-King (D),  Carlos Smith (D),  Allison Tant (D), 

Died in Regulatory Reform Subcommittee (on 04/30/2021)

Official Document