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