HB 1053 2022
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hb1053-00
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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 parental leave; amending s. 2
110.121, F.S.; requiring, rather than authorizing, 3
certain departments or agencies of the state to adopt 4
rules to establish a plan for a sick leave pool; 5
providing that eligible employees may use a sick leave 6
pool for parental leave; providing for priority of 7
application in case of conflict; defining the term 8
"parental leave"; providing requirements for parental 9
leave; providing the amount of parental leave 10
authorized; providing requirements for use of leave 11
after exhaustion of maximum parental leave hours; 12
providing that parental leave runs concurrently with 13
the Family Medical Leave Act; making technical and 14
conforming changes; providing an effective date. 15
16
Be It Enacted by the Legislature of the State of Florida: 17
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Section 1. Section 110.121, Florida Statutes, is amended 19
to read: 20
110.121 Sick leave pool. — 21
(1) Each department or agency of the state which has 22
authority to adopt rules governing the accumulation and use of 23
sick leave for employees and which maintains accurate and 24
reliable records showing the amount of sick leave which has been 25
HB 1053 2022
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hb1053-00
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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
accumulated and is unused by employees must may, in accordance 26
with guidelines which shall be established by the Department of 27
Management Services, adopt rules for the establishment of a plan 28
allowing participating employees to pool sick leave and allowing 29
any sick leave thus pooled to be used by any participating 30
employee as authorized in this section who has used all of the 31
sick leave that has been personally accrued by him or her . 32
Although not limited to the following, such rules shall provide: 33
(a)(1) That employees are shall be eligible for 34
participation in the sick le ave pool after 1 year of employment 35
with the state or agency of the state; provided that such 36
employee has accrued a minimum amount of unused sick leave, 37
which minimum shall be established by rule. 38
(b)(2) That participation in the sick leave pool must 39
shall, at all times, be voluntary on the part of the employees. 40
(c)(3) That any sick leave pooled must shall be removed 41
from the personally accumulated sick leave balance of the 42
employee contributing such leave. 43
(d)(4) That any sick leave in the pool whi ch leave is used 44
by a participating employee may shall be used only for the 45
employee's personal illness, accident, or injury or for parental 46
leave. 47
(e)(5) That a participating employee may shall not be 48
eligible to use sick leave accumulated in the pool u ntil all of 49
his or her personally accrued sick, annual, and compensatory 50
HB 1053 2022
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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
leave has been used, except as provided in subsection (2) . 51
(f)(6) Except as provided in paragraph (2)(d), the A 52
maximum number of days of sick leave in the pool which any one 53
employee may use. 54
(g)(7) That a participating employee who uses sick leave 55
from the pool is shall not be required to recontribute such sick 56
leave to the pool, except as otherwise provided in this section. 57
(h)(8) That an employee who cancels his or her member ship 58
in the sick leave pool may shall not be eligible to withdraw the 59
days of sick leave contributed by that employee to the pool. 60
(i)(9) That an employee who transfers from one position in 61
state government to another position in state government may 62
transfer from one pool to another if the eligibility criteria of 63
the pools are comparable or the administrators of the pools have 64
agreed on a formula for transfer of credits. 65
(j)(10) That alleged abuse of the use of the sick leave 66
pool must shall be investigated, and, on a finding of 67
wrongdoing, the employee must shall repay all of the sick leave 68
credits drawn from the sick leave pool and is shall be subject 69
to such other disciplinary action as is determined by the agency 70
head. 71
(k)(11) That sick leave credits may be drawn from the sick 72
leave pool by a part -time employee on a pro rata basis. 73
(2) The sick leave pool may be used by eligible e mployees 74
for parental leave. In the event that any other provision of law 75
HB 1053 2022
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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
or the model rule established by the Department of Management 76
Services under s. 110.1522 conflicts with this section, the 77
provisions of this section shall prevail, but only to the ex tent 78
of the conflict. 79
(a) As used in this section, the term "parental leave" 80
means leave for the father or mother of a child who is born to 81
or adopted by that parent. 82
(b) An employee may use the sick leave pool for parental 83
leave without having exhaust ed his or her personally accrued 84
sick, annual, or compensatory leave. 85
(c) An employee using the sick leave pool for parental 86
leave does not accrue his or her personal sick, annual, or 87
compensatory leave while on parental leave, except as provided 88
in s. 110.221(3). 89
(d) An employee may take up to 4 consecutive weeks of 90
parental leave with full pay. 91
(e) An employee is eligible for parental leave only within 92
the first 12 weeks after the birth or adoption of a child. 93
(f) After the expiration of the 4 wee ks of parental leave 94
authorized under paragraph (d), any additional parental leave 95
that an employee takes is treated as any other sick, annual, or 96
compensatory leave. 97
(g) Parental leave taken under this section runs 98
concurrently with the Family Medical L eave Act. 99
Section 2. This act shall take effect upon becoming a law. 100