Florida 2022 Regular Session

Florida House Bill H0627 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	HB 627 2022
4	4
5	5
6	6
7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb0627-00
9	9	Page 1 of 24
10	10	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
11	11
12	12
13	13
14	14	A bill to be entitled 1
15	15	An act relating to employment practices for family and 2
16	16	medical leave; creating ch. 444, F.S., entitled the 3
17	17	"Florida Family and Medical Leave Act"; providing a 4
18	18	short title; providing legislative findings and 5
19	19	intent; defining terms; requiring an employer to allow 6
20	20	certain employees to take family and medical leave to 7
21	21	bond with a minor child upon the child's birth, 8
22	22	adoption, or foster care placement; requiring an 9
23	23	employee to take certain actions in order to receive 10
24	24	family and medical leave; prohibiting an emplo yer from 11
25	25	taking adverse action against an employee who requests 12
26	26	or obtains family and medical leave; specifying 13
27	27	limitations and duties related to an employer's 14
28	28	administration of family and medical leave; requiring 15
29	29	that family and medical leave be taken con currently 16
30	30	with any leave taken under federal family and medical 17
31	31	leave law; requiring an employer to provide notice to 18
32	32	employees of certain rights relating to family and 19
33	33	medical leave; prescribing notice requirements; 20
34	34	requiring the Department of Economic Op portunity to 21
35	35	create a model notice that specifies an employee's 22
36	36	rights related to family and medical leave and family 23
37	37	and medical leave insurance benefits; specifying 24
38	38	circumstances under which an employer is deemed in 25
39	39
40	40	HB 627 2022
41	41
42	42
43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb0627-00
46	46	Page 2 of 24
47	47	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
48	48
49	49
50	50
51	51	compliance with notice requirements; p roviding a civil 26
52	52	penalty for an employer's failure to comply with the 27
53	53	notice requirements; requiring the Secretary of 28
54	54	Economic Opportunity to conduct an investigation upon 29
55	55	receiving a written complaint from an employee; 30
56	56	establishing a rebuttable presumptio n that an employer 31
57	57	has violated certain provisions of ch. 444, F.S., 32
58	58	under specified circumstances; authorizing the 33
59	59	secretary to take certain actions in the event of 34
60	60	specified violations; authorizing an employee to file 35
61	61	a civil action against an employer f or a violation; 36
62	62	providing a timeframe for filing such action; 37
63	63	authorizing the award of specified compensation, 38
64	64	damages, and fees; providing a civil penalty; 39
65	65	prohibiting an employee from taking certain actions in 40
66	66	bad faith; providing a criminal penalty; ent itling an 41
67	67	employee to an intermittent or reduced leave schedule 42
68	68	if certain conditions are met; requiring the 43
69	69	department to establish a family and medical leave 44
70	70	insurance benefits program by a specified date; 45
71	71	specifying duties of the department related to t he 46
72	72	program; providing that certain information is 47
73	73	confidential; providing exceptions; providing for the 48
74	74	amount and duration of family and medical leave 49
75	75	insurance benefits that are payable under the program; 50
76	76
77	77	HB 627 2022
78	78
79	79
80	80
81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb0627-00
83	83	Page 3 of 24
84	84	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
85	85
86	86
87	87
88	88	requiring the department to establish a system fo r 51
89	89	appealing a denial of family and medical leave 52
90	90	insurance benefits; requiring the department to take 53
91	91	action to ensure the confidentiality of certain 54
92	92	information on appeal; authorizing an aggrieved party 55
93	93	to file a civil action for a denial of family and 56
94	94	medical leave insurance benefits; specifying when a 57
95	95	covered individual is disqualified from family and 58
96	96	medical leave insurance benefits; providing liability 59
97	97	for the payment of benefits to the department under 60
98	98	certain circumstances; requiring the Department o f 61
99	99	Financial Services to collect payroll contributions 62
100	100	beginning on a specified date; providing requirements 63
101	101	relating to such contributions; authorizing a self -64
102	102	employed person to elect coverage for family and 65
103	103	medical leave insurance benefits; specifying whe n a 66
104	104	self-employed person may withdraw from coverage; 67
105	105	requiring the Department of Economic Opportunity to 68
106	106	provide certain notice if the Internal Revenue Service 69
107	107	determines family and medical leave insurance benefits 70
108	108	are subject to federal income tax; requir ing the 71
109	109	department to submit an annual report to the 72
110	110	Legislature containing specified information; 73
111	111	requiring the department to conduct a public education 74
112	112	campaign relating to family and medical leave and 75
113	113
114	114	HB 627 2022
115	115
116	116
117	117
118	118	CODING: Words stricken are deletions; words underlined are additions.
119	119	hb0627-00
120	120	Page 4 of 24
121	121	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
122	122
123	123
124	124
125	125	insurance benefits; authorizing the department to 76
126	126	adopt rules; providing construction; amending s. 77
127	127	760.10, F.S.; revising the Florida Civil Rights Act of 78
128	128	1992 to prohibit additional employment practices on 79
129	129	the basis of pregnancy, childbirth, or a medical 80
130	130	condition related to pregnancy or childbirth; 81
131	131	providing construction; amending s. 760.11, F.S.; 82
132	132	conforming a cross-reference; providing an effective 83
133	133	date. 84
134	134	85
135	135	Be It Enacted by the Legislature of the State of Florida: 86
136	136	87
137	137	Section 1. Chapter 444, Florida Statutes, consisting of 88
138	138	sections 444.001-444.019, is created to read: 89
139	139	CHAPTER 444 90
140	140	THE FLORIDA FAMILY AND MEDICAL LEAVE ACT 91
141	141	444.001 Short title. —This chapter may be cited as the 92
142	142	"Florida Family and Medical Leave Act." 93
143	143	444.002 Legislative findings and intent. —The Legislature 94
144	144	finds that it is in the public interest to provide paid family 95
145	145	and medical leave to employees for the birth, adoption, or 96
146	146	foster care placement of a new child. The need for paid family 97
147	147	and medical leave has increased as the rate of participation of 98
148	148	both parents in the workforce has inc reased and the number of 99
149	149	single parents has grown. Despite knowing the importance of time 100
150	150
151	151	HB 627 2022
152	152
153	153
154	154
155	155	CODING: Words stricken are deletions; words underlined are additions.
156	156	hb0627-00
157	157	Page 5 of 24
158	158	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
159	159
160	160
161	161
162	162	spent bonding with a new child, the majority of employees in 101
163	163	this state are unable to take family and medical leave because 102
164	164	they are unable to afford leave without pa y. When an employee 103
165	165	does not receive income during a leave of absence, his or her 104
166	166	family suffers as a result of the employee's loss of income, 105
167	167	increasing demand on the state's reemployment assistance program 106
168	168	and dependence on the state's welfare system. Th erefore, in an 107
169	169	effort to assist employees in reconciling the demands of work 108
170	170	and family, the Legislature intends to require employers to 109
171	171	allow employees to take paid family and medical leave to bond 110
172	172	with their minor child during the first 12 months after t he 111
173	173	birth, adoption, or foster care placement of a new child. 112
174	174	444.003 Definitions. —As used in this chapter, the term: 113
175	175	(1) "Adverse action" includes: 114
176	176	(a) Discharge. 115
177	177	(b) Demotion. 116
178	178	(c) Suspension. 117
179	179	(d) Reduction of hours. 118
180	180	(e) Threat of discharge, demotion, suspension, or 119
181	181	reduction of hours. 120
182	182	(f) Any other retaliatory action that results in a change 121
183	183	in the terms or conditions of employment which would dissuade a 122
184	184	reasonable employee from exercising a right under this chapter. 123
185	185	(2) "Child" means a biological, adopted, or foster son or 124
186	186	daughter or a stepson or stepdaughter of an employee. The term 125
187	187
188	188	HB 627 2022
189	189
190	190
191	191
192	192	CODING: Words stricken are deletions; words underlined are additions.
193	193	hb0627-00
194	194	Page 6 of 24
195	195	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
196	196
197	197
198	198
199	199	includes a legal ward of an employee and a person to whom the 126
200	200	employee stands in loco parentis. 127
201	201	(3) "Covered individual" means a per son who satisfies any 128
202	202	of the following criteria: 129
203	203	(a) Meets the qualifying requirements set forth in s. 130
204	204	443.111(2) or, if a person's employment does not generate income 131
205	205	measured for purposes of reemployment assistance benefits, 132
206	206	equivalent eligibility crit eria determined by the department. 133
207	207	(b) Is self-employed, elects coverage, and meets the 134
208	208	requirements of s. 444.013. 135
209	209	(c) Meets the administrative requirements of this chapter 136
210	210	and those established by the department. 137
211	211	(d) Submits an application for insu rance benefits. 138
212	212	(4) "Department" means the Department of Economic 139
213	213	Opportunity. 140
214	214	(5) "Employee" means a person who performs services for 141
215	215	hire for an employer. The term includes all individuals employed 142
216	216	at any site owned or operated by an employer. The te rm does not 143
217	217	include an independent contractor. 144
218	218	(6) "Employer" means a person employing one or more 145
219	219	employees for each working day in each of 20 or more calendar 146
220	220	weeks in the current or preceding calendar year, and any 147
221	221	representative of such person. 148
222	222	(7) "Family and medical leave" means a paid leave of 149
223	223	absence from employment given to an employee because of the 150
224	224
225	225	HB 627 2022
226	226
227	227
228	228
229	229	CODING: Words stricken are deletions; words underlined are additions.
230	230	hb0627-00
231	231	Page 7 of 24
232	232	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
233	233
234	234
235	235
236	236	birth, adoption, or foster care placement of a new child. 151
237	237	(8) "Family and medical leave insurance benefits" or 152
238	238	"insurance benefits" means the be nefits provided under this 153
239	239	chapter. 154
240	240	(9) "Health care provider" means a birth center licensed 155
241	241	under chapter 383; a hospital or an ambulatory surgical center 156
242	242	as defined and licensed under chapter 395; or a person licensed 157
243	243	under chapter 458, chapter 459, ch apter 460, chapter 461, 158
244	244	chapter 462, chapter 463, part I of chapter 464, chapter 466, 159
245	245	chapter 467, part XIV of chapter 468, or chapter 486. 160
246	246	(10) "Secretary" means the Secretary of Economic 161
247	247	Opportunity. 162
248	248	444.004 Eligibility for family and medical leave. — 163
249	249	(1) Beginning July 1, 2022, family and medical leave is 164
250	250	available to an employee who needs paid leave to bond with his 165
251	251	or her child during the first 12 months after the birth of the 166
252	252	child or the placement of the child with the employee through 167
253	253	the foster care system or by adoption. 168
254	254	(2) The family and medical leave must be without 169
255	255	diminution of any privilege, benefit, or right arising out of 170
256	256	the person's employment. 171
257	257	(3) In order to receive family and medical leave, an 172
258	258	employee must: 173
259	259	(a) Notify his or her employer at least 30 days before the 174
260	260	first day of leave or as soon as practicable if the need for 175
261	261
262	262	HB 627 2022
263	263
264	264
265	265
266	266	CODING: Words stricken are deletions; words underlined are additions.
267	267	hb0627-00
268	268	Page 8 of 24
269	269	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
270	270
271	271
272	272
273	273	leave is not foreseeable or it is otherwise not possible for the 176
274	274	employee to provide 30 days' notice; and 177
275	275	(b) Notify the employer of the anticipated d uration of the 178
276	276	leave. 179
277	277	(4) An employer may not take adverse action against an 180
278	278	employee for requesting or obtaining family and medical leave 181
279	279	authorized under this section. 182
280	280	(5) An employer shall retain a record of family and 183
281	281	medical leave taken by an empl oyee for at least 3 years. After 184
282	282	giving the employer notice and determining a mutually agreeable 185
283	283	time for inspection, the secretary may inspect the record for 186
284	284	the purpose of determining the employer's compliance with this 187
285	285	section. If an employer fails to r etain a record as required 188
286	286	under this subsection or to allow the secretary to inspect such 189
287	287	records, the secretary may take action under s. 444.006(3). 190
288	288	(6) Family and medical leave taken under this section must 191
289	289	be taken concurrently with leave taken under the federal Family 192
290	290	and Medical Leave Act. 193
291	291	(7) An employer shall maintain and pay for coverage for a 194
292	292	group health plan as defined in s. 5000(b)(1) of the Internal 195
293	293	Revenue Code for an eligible employee who takes family and 196
294	294	medical leave under this section at the level and under the 197
295	295	conditions that coverage would have been provided if the 198
296	296	employee had continuously worked for the duration of the leave. 199
297	297	(8) An employer must return an employee to the same 200
298	298
299	299	HB 627 2022
300	300
301	301
302	302
303	303	CODING: Words stricken are deletions; words underlined are additions.
304	304	hb0627-00
305	305	Page 9 of 24
306	306	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
307	307
308	308
309	309
310	310	position after the period of leave to which the emplo yee is 201
311	311	entitled has expired. If the same position is no longer 202
312	312	available, an employer must offer the employee a position that 203
313	313	is comparable in terms of pay, location, job content, and 204
314	314	advancement opportunities. 205
315	315	(9) An employer may not otherwise interfere with, 206
316	316	restrain, or deny the employee's exercise of, or the attempt to 207
317	317	exercise, any right provided under this chapter. 208
318	318	444.005 Notice requirements. — 209
319	319	(1) An employer shall notify his or her employees that 210
320	320	they are entitled to family and medical leave a nd, upon 211
321	321	implementation of the family and medical leave insurance 212
322	322	benefits program, family and medical leave insurance benefits at 213
323	323	the time the employee is hired and annually thereafter. 214
324	324	(2) The notice must include all of the following: 215
325	325	(a) The purposes for which the employer is required to 216
326	326	allow an employee to take family and medical leave. 217
327	327	(b) A statement regarding the prohibition of the employer 218
328	328	taking adverse action against an employee who exercises or 219
329	329	attempts to exercise a right under this chapter. 220
330	330	(c) Once implemented, information regarding the family and 221
331	331	medical leave insurance benefits program and how an employee may 222
332	332	apply for those benefits. 223
333	333	(d) Information regarding the right of an employee to 224
334	334	report an alleged violation of thi s chapter by the employer to 225
335	335
336	336	HB 627 2022
337	337
338	338
339	339
340	340	CODING: Words stricken are deletions; words underlined are additions.
341	341	hb0627-00
342	342	Page 10 of 24
343	343	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
344	344
345	345
346	346
347	347	the secretary or to bring a civil action under s. 444.006. 226
348	348	(3) The department shall create and make available to 227
349	349	employers a model notice that employers may use to comply with 228
350	350	subsection (1). The model notice must be printed in English, 229
351	351	Spanish, Haitian Creole, and any other language the secretary 230
352	352	determines is necessary to notify employees of their rights 231
353	353	under this chapter. 232
354	354	(4) An employer is deemed to be in compliance with 233
355	355	subsection (1) if the employer does any of the fo llowing: 234
356	356	(a) Posts the notice in a conspicuous and accessible area 235
357	357	at the site where employees work. 236
358	358	(b) Includes the notice in an employee handbook or other 237
359	359	written guide for employees concerning employee benefits or 238
360	360	leave provided by the employer. 239
361	361	(c) Provides the notice to each employee at the time of 240
362	362	initial hiring and annually thereafter. 241
363	363	(5) In lieu of posting the notice, an employer may 242
364	364	distribute the notice to employees by electronic means. 243
365	365	(6) An employer who violates this section is subj ect to a 244
366	366	civil penalty of not more than $500 for the first violation and 245
367	367	not more than $1,000 for each subsequent violation. 246
368	368	444.006 Violations of chapter; civil action; penalties. — 247
369	369	(1) Upon receiving a written complaint from an employee, 248
370	370	the secretary shall conduct an investigation to determine 249
371	371	whether the employer has violated this chapter. 250
372	372
373	373	HB 627 2022
374	374
375	375
376	376
377	377	CODING: Words stricken are deletions; words underlined are additions.
378	378	hb0627-00
379	379	Page 11 of 24
380	380	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
381	381
382	382
383	383
384	384	(2)(a) There is a rebuttable presumption that an employer 251
385	385	has violated this chapter if the employer takes adverse action 252
386	386	against an employee within 90 days after the employee: 253
387	387	1. Files a complaint with the secretary alleging a 254
388	388	violation of this chapter or files a civil action under this 255
389	389	section; 256
390	390	2. Informs a person about an alleged violation of this 257
391	391	chapter by his or her employer; 258
392	392	3. Cooperates with the secr etary or another person in the 259
393	393	investigation or prosecution of an alleged violation of this 260
394	394	chapter by his or her employer; 261
395	395	4. Opposes a policy or practice of his or her employer or 262
396	396	an act committed by the employer which is prohibited under this 263
397	397	chapter; or 264
398	398	5. Takes or requests family and medical leave under this 265
399	399	chapter. 266
400	400	(b) Such presumption may be rebutted by clear and 267
401	401	convincing evidence. 268
402	402	(3) If the secretary determines that a violation of this 269
403	403	chapter has occurred, the secretary may do any of th e following: 270
404	404	(a) With the written consent of the employee, attempt to 271
405	405	informally resolve any pertinent issue through mediation. 272
406	406	(b) With the written consent of the employee, request that 273
407	407	the Attorney General file a civil action on behalf of the 274
408	408	employee in accordance with this section. 275
409	409
410	410	HB 627 2022
411	411
412	412
413	413
414	414	CODING: Words stricken are deletions; words underlined are additions.
415	415	hb0627-00
416	416	Page 12 of 24
417	417	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
418	418
419	419
420	420
421	421	(c) File a civil action on behalf of an employee in the 276
422	422	county in which the violation occurred. 277
423	423	(4) An employee may file a civil action in a court of 278
424	424	competent jurisdiction against his or her employer for a 279
425	425	violation of this chapter regardless of whether the employee has 280
426	426	first filed a complaint with the secretary. 281
427	427	(5) A civil action brought under subsection (3) or 282
428	428	subsection (4) must be filed within 3 years after the occurrence 283
429	429	of the act upon which the action is bas ed. 284
430	430	(6)(a) If a court finds that an employer violated this 285
431	431	chapter in an action brought under subsection (3) or subsection 286
432	432	(4), the court may award the employee: 287
433	433	1. The full monetary value of any unpaid family and 288
434	434	medical leave that the employee was un lawfully denied. 289
435	435	2. Actual economic damages suffered by the employee as a 290
436	436	result of the employer's violation of this chapter. 291
437	437	3. An additional amount not exceeding three times the 292
438	438	damages awarded under subparagraph 2. 293
439	439	4. Reasonable attorney fees and other costs. 294
440	440	5. Any other relief the court deems appropriate, including 295
441	441	reinstatement of employment, back pay, and injunctive relief. 296
442	442	(b) If the full monetary value of any unpaid family and 297
443	443	medical leave of an employee is recovered under this subsectio n, 298
444	444	such leave must be paid to the employee without cost to the 299
445	445	employee. 300
446	446
447	447	HB 627 2022
448	448
449	449
450	450
451	451	CODING: Words stricken are deletions; words underlined are additions.
452	452	hb0627-00
453	453	Page 13 of 24
454	454	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
455	455
456	456
457	457
458	458	(c) If the action was filed by the Attorney General under 301
459	459	paragraph (3)(b), the court may order the employer to pay $1,000 302
460	460	per violation to the state. 303
461	461	(7) An employee may not file a complaint in bad faith with 304
462	462	the secretary alleging a violation of this chapter or file a 305
463	463	civil action or testify in bad faith in an action under this 306
464	464	section. An employee who violates this subsection commits a 307
465	465	misdemeanor of the first degree, punishable as provided in s. 308
466	466	775.082 or s. 775.083. 309
467	467	444.007 Intermittent or reduced leave schedule. — 310
468	468	(1) An employee is entitled, at his or her discretion, to 311
469	469	take family and medical leave on an intermittent or reduced 312
470	470	leave schedule where all of the leave autho rized under this 313
471	471	chapter is not taken sequentially. Family and medical leave 314
472	472	insurance benefits for intermittent or reduced leave schedules 315
473	473	must be prorated. 316
474	474	(2) An employee shall make reasonable efforts to schedule 317
475	475	family and medical leave under this se ction so as to not unduly 318
476	476	disrupt the operations of the employer. The employee shall 319
477	477	provide the employer with advance notice of his or her 320
478	478	intermittent or reduced leave schedule to the extent 321
479	479	practicable. Family and medical leave taken under this section 322
480	480	may not result in a reduction of the total amount of leave to 323
481	481	which a covered individual is entitled beyond the amount of 324
482	482	leave actually taken. 325
483	483
484	484	HB 627 2022
485	485
486	486
487	487
488	488	CODING: Words stricken are deletions; words underlined are additions.
489	489	hb0627-00
490	490	Page 14 of 24
491	491	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
492	492
493	493
494	494
495	495	(3) This section does not entitle an employee to more 326
496	496	family and medical leave than that required under this c hapter. 327
497	497	444.008 Family and medical leave insurance benefits 328
498	498	program.— 329
499	499	(1) By January 1, 2023, the department shall establish a 330
500	500	family and medical leave insurance benefits program. By January 331
501	501	1, 2024, the department may begin receiving applications from , 332
502	502	and paying family and medical leave insurance benefits to, 333
503	503	covered individuals. 334
504	504	(2) The department shall establish reasonable procedures 335
505	505	and create forms for filing applications for insurance benefits 336
506	506	under this chapter. The department must specify the 337
507	507	documentation that is necessary to support a claim for insurance 338
508	508	benefits, including documentation from a health care provider 339
509	509	attesting that the covered individual needs family and medical 340
510	510	leave. 341
511	511	(3) The department shall notify the employer within 5 342
512	512	business days after an application for family and medical leave 343
513	513	insurance benefits has been filed. 344
514	514	(4) With the written consent of the covered individual, 345
515	515	the department may use information sharing and integration 346
516	516	technology to facilitate the disclosure of relevant information 347
517	517	or records. 348
518	518	(5) Any information and records pertaining to a covered 349
519	519	individual which are confidential under state law must remain 350
520	520
521	521	HB 627 2022
522	522
523	523
524	524
525	525	CODING: Words stricken are deletions; words underlined are additions.
526	526	hb0627-00
527	527	Page 15 of 24
528	528	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
529	529
530	530
531	531
532	532	confidential and may not be disclosed without the consent of the 351
533	533	individual or his or her representati ve. Appropriate disclosure 352
534	534	of such information and records may be made without consent to 353
535	535	department personnel in the performance of their official 354
536	536	duties. 355
537	537	444.009 Amount and duration of insurance benefits. — 356
538	538	(1) The amount of family and medical leave i nsurance 357
539	539	benefits must be determined as follows: 358
540	540	(a) The weekly benefit is 75 percent of the covered 359
541	541	individual's average weekly wages during the 12 months before he 360
542	542	or she submitted an application for benefits or, if the covered 361
543	543	individual worked fewer than 12 months, the covered individual's 362
544	544	average weekly wages during the time the covered individual 363
545	545	worked, subject to the limits imposed in paragraph (c). 364
546	546	(b) The minimum weekly benefit may not be less than $100 365
547	547	per week; however, if the covered individual's average weekly 366
548	548	wage is less than $100 per week, the minimum weekly benefit is 367
549	549	the same as the covered individual's full weekly wage. 368
550	550	(c) The maximum weekly benefit is $1,000 for the first 369
551	551	year in which benefits are paid, and must be adjusted annually 370
552	552	thereafter to equal 100 percent of the statewide average weekly 371
553	553	wage as defined in s. 440.12(2). The adjusted maximum weekly 372
554	554	benefit amount takes effect January 1 of the following year. 373
555	555	(d) Family and medical leave insurance benefits are not 374
556	556	payable for fewer than 8 hours in any given work week. 375
557	557
558	558	HB 627 2022
559	559
560	560
561	561
562	562	CODING: Words stricken are deletions; words underlined are additions.
563	563	hb0627-00
564	564	Page 16 of 24
565	565	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
566	566
567	567
568	568
569	569	(2) The maximum number of weeks for which family and 376
570	570	medical leave insurance benefits are payable is 12 weeks per 377
571	571	year, regardless of whether the application for benefits is for 378
572	572	a single purpose or a c ombination of purposes. 379
573	573	(3) The first benefits must be paid to a covered 380
574	574	individual within 2 weeks after the application is filed. 381
575	575	Subsequent benefits must be paid every 2 weeks. 382
576	576	(4) For purposes of this chapter, an application year is 383
577	577	the 12-month period beginning on Monday of the week in which a 384
578	578	covered individual files an application for family and medical 385
579	579	leave insurance benefits. 386
580	580	444.01 Appeals.— 387
581	581	(1) The department shall establish a system for appealing 388
582	582	a denial of family and medical leave insu rance benefits. The 389
583	583	department may use any procedures and mechanisms available in 390
584	584	establishing the system. 391
585	585	(2) The department shall implement procedures to ensure 392
586	586	confidentiality of all information related to applications filed 393
587	587	or appeals taken for famil y and medical leave insurance benefits 394
588	588	to the greatest extent permissible by law. 395
589	589	(3) An aggrieved party may file a civil action in a court 396
590	590	of competent jurisdiction after he or she has exhausted all 397
591	591	available administrative remedies established by the d epartment. 398
592	592	444.011 Disqualification for insurance benefits and 399
593	593	erroneous payments.— 400
594	594
595	595	HB 627 2022
596	596
597	597
598	598
599	599	CODING: Words stricken are deletions; words underlined are additions.
600	600	hb0627-00
601	601	Page 17 of 24
602	602	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
603	603
604	604
605	605
606	606	(1) A covered individual is disqualified from family and 401
607	607	medical leave insurance benefits for 1 year if the department 402
608	608	determines that he or she willfully or intentionally made a 403
609	609	false statement or misrepresentation regarding a material fact 404
610	610	or withheld a material fact to obtain insurance benefits under 405
611	611	this chapter. 406
612	612	(2) A covered individual who for any reason receives 407
613	613	insurance benefits under this chapter to which he or she is not 408
614	614	entitled is liable for repaying those benefits to the 409
615	615	department. The department may waive, in whole or in part, the 410
616	616	amount of the benefits to be repaid when recovery would be 411
617	617	against equity and good conscience. 412
618	618	444.012 Contributions.— 413
619	619	(1) Beginning January 1, 2023, the Department of Financial 414
620	620	Services shall collect payroll contributions from employers and 415
621	621	employees and deposit the contributions into the Family and 416
622	622	Medical Leave Insurance Benefits Fund. 417
623	623	(2) Employers and employ ees shall pay contributions on a 418
624	624	one-to-one ratio and in an amount to be determined by the 419
625	625	Department of Financial Services. The Department of Financial 420
626	626	Services shall annually evaluate the amount of payroll 421
627	627	contributions necessary to finance the family an d medical leave 422
628	628	insurance benefits program and adjust contribution rates 423
629	629	accordingly. 424
630	630	444.013 Elective coverage. — 425
631	631
632	632	HB 627 2022
633	633
634	634
635	635
636	636	CODING: Words stricken are deletions; words underlined are additions.
637	637	hb0627-00
638	638	Page 18 of 24
639	639	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
640	640
641	641
642	642
643	643	(1) A self-employed person, including a sole proprietor, 426
644	644	partner, or joint venturer, may elect insurance coverage under 427
645	645	this chapter for an initial period of at least 3 years. The 428
646	646	self-employed person must file a notice of election in writing 429
647	647	with the department, as required by rule. The election becomes 430
648	648	effective on the date the notice of election is filed. The self -431
649	649	employed person is requi red to supply any information concerning 432
650	650	income that the department determines by rule is necessary. 433
651	651	(2) A self-employed person who has elected coverage may 434
652	652	withdraw from coverage within 30 days after the end of the 435
653	653	coverage period, or at such other time as the department may 436
654	654	prescribe by rule, by filing a written notice of withdrawal with 437
655	655	the department. A withdrawal from coverage may not take effect 438
656	656	sooner than 30 days after filing the notice of withdrawal. 439
657	657	444.014 Federal income tax. —If the Internal Revenue 440
658	658	Service determines that family and medical leave insurance 441
659	659	benefits provided under this chapter are subject to federal 442
660	660	income tax, the department must advise a covered individual at 443
661	661	the time he or she files an application for insurance benefits 444
662	662	that: 445
663	663	(1) The Internal Revenue Service has determined that 446
664	664	insurance benefits under this chapter are subject to federal 447
665	665	income tax. 448
666	666	(2) Requirements exist pertaining to estimated tax 449
667	667	payments. 450
668	668
669	669	HB 627 2022
670	670
671	671
672	672
673	673	CODING: Words stricken are deletions; words underlined are additions.
674	674	hb0627-00
675	675	Page 19 of 24
676	676	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
677	677
678	678
679	679
680	680	(3) The covered individual may elect to have federal 451
681	681	income tax deducted and withheld from his or her payment of 452
682	682	insurance benefits in the amount specified in the Internal 453
683	683	Revenue Code. 454
684	684	(4) The covered individual may change a previously elected 455
685	685	withholding status. 456
686	686	444.016 Reports.—Beginning with the 2025 calend ar year, 457
687	687	the department shall submit to the Legislature by April 1 of 458
688	688	each year a report on projected and actual family and medical 459
689	689	leave insurance benefits program participation broken down by 460
690	690	purpose and by gender, race, ethnicity, and age of each 461
691	691	beneficiary. The report also must include the amount of benefits 462
692	692	paid to each beneficiary per week, premium rates, Family and 463
693	693	Medical Leave Insurance Benefits Fund balances, and public 464
694	694	education efforts. 465
695	695	444.017 Public education. —The department shall conduct a 466
696	696	public education campaign to inform employees and employers of 467
697	697	the availability of family and medical leave and insurance 468
698	698	benefits. Such information must be available in English, 469
699	699	Spanish, Haitian Creole, and any other language the secretary 470
700	700	determines is necessary. 471
701	701	444.018 Rules.—The department may adopt rules to implement 472
702	702	and administer this chapter. 473
703	703	444.019 Construction. — 474
704	704	(1) This chapter does not diminish an employer's 475
705	705
706	706	HB 627 2022
707	707
708	708
709	709
710	710	CODING: Words stricken are deletions; words underlined are additions.
711	711	hb0627-00
712	712	Page 20 of 24
713	713	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
714	714
715	715
716	716
717	717	obligation to comply with a collective bargaining agreement, a 476
718	718	contract, an employee benefit plan, or an employer policy, as 477
719	719	applicable, which requires leave in excess of that required 478
720	720	under this chapter for the birth, adoption, or foster care 479
721	721	placement of a new child. 480
722	722	(2) An employee's right to family and medical leave and 481
723	723	insurance benefits under this chapter may not be diminished by a 482
724	724	collective bargaining agreement entered into or renewed, or an 483
725	725	employer policy adopted or retained, on or after January 1, 484
726	726	2023. Any agreement by an employee to waive his or her rights 485
727	727	under this chapter is deemed against public policy and is void 486
728	728	and unenforceable. 487
729	729	Section 2. Present subsections (2) through (10) of section 488
730	730	760.10, Florida Statutes, are redesignated as subsections (3) 489
731	731	through (11), respectively, and a new subsection (2) is added to 490
732	732	that section, to read: 491
733	733	760.10 Unlawful employment practices. — 492
734	734	(2) In addition to the provisions of subsection (1) 493
735	735	regarding pregnancy, it is an unlawful employment practice for 494
736	736	an employer to: 495
737	737	(a) Refuse to allow an employee disabled by pregnancy, 496
738	738	childbirth, or a medical condition related to pregnancy or 497
739	739	childbirth to take unpaid leave for a period, not to exceed 4 498
740	740	months, during which the employee is disabled on account of 499
741	741	pregnancy, childbirth, or a medical condition related to 500
742	742
743	743	HB 627 2022
744	744
745	745
746	746
747	747	CODING: Words stricken are deletions; words underlined are additions.
748	748	hb0627-00
749	749	Page 21 of 24
750	750	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
751	751
752	752
753	753
754	754	pregnancy or childbirth. An employee is entitled to use any 501
755	755	accrued vacation leave in order to receive compensation during 502
756	756	the unpaid period of leave. An employer may require an employee 503
757	757	who plans to take leave under this paragraph to provide the 504
758	758	employer reasonable notice of the date the leave will commence 505
759	759	and the estimated duration of the leave. 506
760	760	(b) Refuse to maintain and pay for coverage for a group 507
761	761	health plan as defined in s. 5000(b)(1) of the Internal Revenue 508
762	762	Code for an eligible employee who takes leave under para graph 509
763	763	(a) at the level and under the conditions that coverage would 510
764	764	have been provided if the employee had continuously worked for 511
765	765	the duration of the leave. This paragraph does not preclude an 512
766	766	employer from maintaining and paying for coverage under a grou p 513
767	767	health plan for a period exceeding 4 months. An employer may 514
768	768	recover the premium that the employer paid for maintaining 515
769	769	coverage as required under this paragraph if: 516
770	770	1. The employee fails to return to work after the period 517
771	771	of leave to which the employe e is entitled has concluded; and 518
772	772	2. The employee's failure to return to work is for a 519
773	773	reason other than the employee taking family and medical leave 520
774	774	under chapter 444 or other than the continuation, recurrence, or 521
775	775	onset of a medical condition that entitl es the employee to leave 522
776	776	under paragraph (a) or circumstances beyond the employee's 523
777	777	control. 524
778	778	(c) Refuse to provide reasonable accommodation for an 525
779	779
780	780	HB 627 2022
781	781
782	782
783	783
784	784	CODING: Words stricken are deletions; words underlined are additions.
785	785	hb0627-00
786	786	Page 22 of 24
787	787	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
788	788
789	789
790	790
791	791	employee, if she so requests with the advice of her health care 526
792	792	provider, for pregnancy, childbirth, or a m edical condition 527
793	793	related to pregnancy or childbirth. As an accommodation, and 528
794	794	with the advice of her health care provider, an employee may 529
795	795	request a transfer to a less strenuous or hazardous position for 530
796	796	the duration of her pregnancy. This paragraph does n ot require 531
797	797	an employer to create additional employment duties that the 532
798	798	employer would not otherwise have created, to discharge another 533
799	799	employee, to transfer an employee who has more seniority, or to 534
800	800	promote an employee who is not qualified to perform certa in 535
801	801	duties. 536
802	802	(d) Refuse to return an employee to the same position 537
803	803	after the period of leave to which the employee is entitled has 538
804	804	concluded. If her same position is no longer available, an 539
805	805	employer must offer the employee a position that is comparable 540
806	806	in terms of pay, location, job content, and advancement 541
807	807	opportunities, unless the employer can prove that no comparable 542
808	808	position exists. 543
809	809	(e) Otherwise interfere with, restrain, or deny the 544
810	810	exercise of, or the attempt to exercise, any right provided 545
811	811	under this subsection. 546
812	812	547
813	813	This subsection may not be construed to affect any other law 548
814	814	relating to pregnancy, or in any way to diminish the coverage of 549
815	815	pregnancy, childbirth, or a medical condition related to 550
816	816
817	817	HB 627 2022
818	818
819	819
820	820
821	821	CODING: Words stricken are deletions; words underlined are additions.
822	822	hb0627-00
823	823	Page 23 of 24
824	824	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
825	825
826	826
827	827
828	828	pregnancy or childbirth under any other law, including chapter 551
829	829	444. An employee is entitled to take leave under this subsection 552
830	830	in addition to any family and medical leave the employee may be 553
831	831	eligible to receive under chapter 444. 554
832	832	Section 3. Subsection (1) of section 760.11, Florida 555
833	833	Statutes, is reenacted and amended to read: 556
834	834	760.11 Administrative and civil remedies; construction. — 557
835	835	(1) Any person aggrieved by a violation of ss. 760.01 -558
836	836	760.10 may file a complaint with the commission within 365 days 559
837	837	of the alleged violation, naming the employer, employmen t 560
838	838	agency, labor organization, or joint labor -management committee, 561
839	839	or, in the case of an alleged violation of s. 760.10(6) s. 562
840	840	760.10(5), the person responsible for the violation and 563
841	841	describing the violation. Any person aggrieved by a violation of 564
842	842	s. 509.092 may file a complaint with the commission within 365 565
843	843	days of the alleged violation naming the person responsible for 566
844	844	the violation and describing the violation. The commission, a 567
845	845	commissioner, or the Attorney General may in like manner file 568
846	846	such a complaint. On the same day the complaint is filed with 569
847	847	the commission, the commission shall clearly stamp on the face 570
848	848	of the complaint the date the complaint was filed with the 571
849	849	commission. In lieu of filing the complaint with the commission, 572
850	850	a complaint under thi s section may be filed with the federal 573
851	851	Equal Employment Opportunity Commission or with any unit of 574
852	852	government of the state which is a fair -employment-practice 575
853	853
854	854	HB 627 2022
855	855
856	856
857	857
858	858	CODING: Words stricken are deletions; words underlined are additions.
859	859	hb0627-00
860	860	Page 24 of 24
861	861	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
862	862
863	863
864	864
865	865	agency under 29 C.F.R. ss. 1601.70 -1601.80. If the date the 576
866	866	complaint is filed is clearly stampe d on the face of the 577
867	867	complaint, that date is the date of filing. The date the 578
868	868	complaint is filed with the commission for purposes of this 579
869	869	section is the earliest date of filing with the Equal Employment 580
870	870	Opportunity Commission, the fair -employment-practice agency, or 581
871	871	the commission. The complaint shall contain a short and plain 582
872	872	statement of the facts describing the violation and the relief 583
873	873	sought. The commission may require additional information to be 584
874	874	in the complaint. The commission, within 5 days of the c omplaint 585
875	875	being filed, shall by registered mail send a copy of the 586
876	876	complaint to the person who allegedly committed the violation. 587
877	877	The person who allegedly committed the violation may file an 588
878	878	answer to the complaint within 25 days of the date the complaint 589
879	879	was filed with the commission. Any answer filed shall be mailed 590
880	880	to the aggrieved person by the person filing the answer. Both 591
881	881	the complaint and the answer shall be verified. 592
882	882	Section 4. This act shall take effect July 1, 2022. 593