FL
Florida House Bill H1053

Florida 2022 Regular Session

Florida House Bill H1053 Compare Versions

OldNewDifferences
11
22
3-CS/HB 1053 2022
3+HB 1053 2022
44
55
66
77 CODING: Words stricken are deletions; words underlined are additions.
8-hb1053-01-c1
8+hb1053-00
99 Page 1 of 4
1010 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
1111
1212
1313
1414 A bill to be entitled 1
1515 An act relating to parental leave; amending s. 2
1616 110.121, F.S.; requiring, rather than authorizing, 3
1717 certain departments or agencies of the state to adopt 4
1818 rules to establish a plan for a sick leave pool; 5
1919 providing that eligible employees may use a sick leave 6
2020 pool for parental leave; providing for priority of 7
2121 application in case of conflict; defining the term 8
2222 "parental leave"; providing requirements for parental 9
2323 leave; providing the amount of parental leave 10
24-authorized; providing that parental leave runs 11
25-concurrently with the Family Medical Leave Act; making 12
26-technical and conforming changes; providing an 13
27-effective date. 14
28- 15
29-Be It Enacted by the Legislature of the State of Florida: 16
30- 17
31- Section 1. Section 110.121, Florida Statutes, is amended 18
32-to read: 19
33- 110.121 Sick leave pool. — 20
34- (1) Each department or agency of the state which has 21
35-authority to adopt rules governing the accumulation and use of 22
36-sick leave for employees a nd which maintains accurate and 23
37-reliable records showing the amount of sick leave which has been 24
38-accumulated and is unused by employees must may, in accordance 25
24+authorized; providing requirements for use of leave 11
25+after exhaustion of maximum parental leave hours; 12
26+providing that parental leave runs concurrently with 13
27+the Family Medical Leave Act; making technical and 14
28+conforming changes; providing an effective date. 15
29+ 16
30+Be It Enacted by the Legislature of the State of Florida: 17
31+ 18
32+ Section 1. Section 110.121, Florida Statutes, is amended 19
33+to read: 20
34+ 110.121 Sick leave pool. — 21
35+ (1) Each department or agency of the state which has 22
36+authority to adopt rules governing the accumulation and use of 23
37+sick leave for employees and which maintains accurate and 24
38+reliable records showing the amount of sick leave which has been 25
3939
40-CS/HB 1053 2022
40+HB 1053 2022
4141
4242
4343
4444 CODING: Words stricken are deletions; words underlined are additions.
45-hb1053-01-c1
45+hb1053-00
4646 Page 2 of 4
4747 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
4848
4949
5050
51-with guidelines which shall be established by the Department of 26
52-Management Services, adopt rules for the establishment of a plan 27
53-allowing participating employees to pool sick leave and allowing 28
54-any sick leave thus pooled to be used by any participating 29
55-employee who has used all of the sick leave that has been 30
56-personally accrued by him or her. Althoug h not limited to the 31
57-following, such rules shall provide: 32
58- (a)(1) That employees are shall be eligible for 33
59-participation in the sick leave pool after 1 year of employment 34
60-with the state or agency of the state; provided that such 35
61-employee has accrued a min imum amount of unused sick leave, 36
62-which minimum shall be established by rule. 37
63- (b)(2) That participation in the sick leave pool must 38
64-shall, at all times, be voluntary on the part of the employees. 39
65- (c)(3) That any sick leave pooled must shall be removed 40
66-from the personally accumulated sick leave balance of the 41
67-employee contributing such leave. 42
68- (d)(4) That any sick leave in the pool which leave is used 43
69-by a participating employee may shall be used only for the 44
70-employee's personal illness, accident, or in jury or for parental 45
71-leave. 46
72- (e)(5) That a participating employee may shall not be 47
73-eligible to use sick leave accumulated in the pool until all of 48
74-his or her personally accrued sick, annual, and compensatory 49
75-leave has been used. 50
51+accumulated and is unused by employees must may, in accordance 26
52+with guidelines which shall be established by the Department of 27
53+Management Services, adopt rules for the establishment of a plan 28
54+allowing participating employees to pool sick leave and allowing 29
55+any sick leave thus pooled to be used by any participating 30
56+employee as authorized in this section who has used all of the 31
57+sick leave that has been personally accrued by him or her . 32
58+Although not limited to the following, such rules shall provide: 33
59+ (a)(1) That employees are shall be eligible for 34
60+participation in the sick le ave pool after 1 year of employment 35
61+with the state or agency of the state; provided that such 36
62+employee has accrued a minimum amount of unused sick leave, 37
63+which minimum shall be established by rule. 38
64+ (b)(2) That participation in the sick leave pool must 39
65+shall, at all times, be voluntary on the part of the employees. 40
66+ (c)(3) That any sick leave pooled must shall be removed 41
67+from the personally accumulated sick leave balance of the 42
68+employee contributing such leave. 43
69+ (d)(4) That any sick leave in the pool whi ch leave is used 44
70+by a participating employee may shall be used only for the 45
71+employee's personal illness, accident, or injury or for parental 46
72+leave. 47
73+ (e)(5) That a participating employee may shall not be 48
74+eligible to use sick leave accumulated in the pool u ntil all of 49
75+his or her personally accrued sick, annual, and compensatory 50
7676
77-CS/HB 1053 2022
77+HB 1053 2022
7878
7979
8080
8181 CODING: Words stricken are deletions; words underlined are additions.
82-hb1053-01-c1
82+hb1053-00
8383 Page 3 of 4
8484 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
8585
8686
8787
88- (f)(6) Except as provided in paragraph (2)(b), the A 51
89-maximum number of days of sick leave in the pool which any one 52
90-employee may use. 53
91- (g)(7) That a participating employee who uses sick leave 54
92-from the pool is shall not be required to recontribute such sick 55
93-leave to the pool, exc ept as otherwise provided in this section. 56
94- (h)(8) That an employee who cancels his or her membership 57
95-in the sick leave pool may shall not be eligible to withdraw the 58
96-days of sick leave contributed by that employee to the pool. 59
97- (i)(9) That an employee who transfers from one position in 60
98-state government to another position in state government may 61
99-transfer from one pool to another if the eligibility criteria of 62
100-the pools are comparable or the administrators of the pools have 63
101-agreed on a formula for transfe r of credits. 64
102- (j)(10) That alleged abuse of the use of the sick leave 65
103-pool must shall be investigated, and, on a finding of 66
104-wrongdoing, the employee must shall repay all of the sick leave 67
105-credits drawn from the sick leave pool and is shall be subject 68
106-to such other disciplinary action as is determined by the agency 69
107-head. 70
108- (k)(11) That sick leave credits may be drawn from the sick 71
109-leave pool by a part -time employee on a pro rata basis. 72
110- (2) The sick leave pool may be used by eligible employees 73
111-for parental leave. In the event that any other provision of law 74
112-or the model rule established by the Department of Management 75
88+leave has been used, except as provided in subsection (2) . 51
89+ (f)(6) Except as provided in paragraph (2)(d), the A 52
90+maximum number of days of sick leave in the pool which any one 53
91+employee may use. 54
92+ (g)(7) That a participating employee who uses sick leave 55
93+from the pool is shall not be required to recontribute such sick 56
94+leave to the pool, except as otherwise provided in this section. 57
95+ (h)(8) That an employee who cancels his or her member ship 58
96+in the sick leave pool may shall not be eligible to withdraw the 59
97+days of sick leave contributed by that employee to the pool. 60
98+ (i)(9) That an employee who transfers from one position in 61
99+state government to another position in state government may 62
100+transfer from one pool to another if the eligibility criteria of 63
101+the pools are comparable or the administrators of the pools have 64
102+agreed on a formula for transfer of credits. 65
103+ (j)(10) That alleged abuse of the use of the sick leave 66
104+pool must shall be investigated, and, on a finding of 67
105+wrongdoing, the employee must shall repay all of the sick leave 68
106+credits drawn from the sick leave pool and is shall be subject 69
107+to such other disciplinary action as is determined by the agency 70
108+head. 71
109+ (k)(11) That sick leave credits may be drawn from the sick 72
110+leave pool by a part -time employee on a pro rata basis. 73
111+ (2) The sick leave pool may be used by eligible e mployees 74
112+for parental leave. In the event that any other provision of law 75
113113
114-CS/HB 1053 2022
114+HB 1053 2022
115115
116116
117117
118118 CODING: Words stricken are deletions; words underlined are additions.
119-hb1053-01-c1
119+hb1053-00
120120 Page 4 of 4
121121 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
122122
123123
124124
125-Services under s. 110.1522 conflicts with this section, the 76
126-provisions of this section shall prevail, but only to the extent 77
127-of the conflict. 78
128- (a) As used in this section, the term "parental leave" 79
129-means leave for the father or mother of a child who is born to 80
130-or adopted by that parent. 81
131- (b) An employee may take up to 4 co nsecutive weeks of 82
132-parental leave with full pay. 83
133- (c) An employee is eligible for parental leave only within 84
134-the first 12 weeks after the birth or adoption of a child. 85
135- (d) Parental leave taken under this section runs 86
136-concurrently with the Family Medical Leave Act. 87
137- Section 2. This act shall take effect upon becoming a law. 88
125+or the model rule established by the Department of Management 76
126+Services under s. 110.1522 conflicts with this section, the 77
127+provisions of this section shall prevail, but only to the ex tent 78
128+of the conflict. 79
129+ (a) As used in this section, the term "parental leave" 80
130+means leave for the father or mother of a child who is born to 81
131+or adopted by that parent. 82
132+ (b) An employee may use the sick leave pool for parental 83
133+leave without having exhaust ed his or her personally accrued 84
134+sick, annual, or compensatory leave. 85
135+ (c) An employee using the sick leave pool for parental 86
136+leave does not accrue his or her personal sick, annual, or 87
137+compensatory leave while on parental leave, except as provided 88
138+in s. 110.221(3). 89
139+ (d) An employee may take up to 4 consecutive weeks of 90
140+parental leave with full pay. 91
141+ (e) An employee is eligible for parental leave only within 92
142+the first 12 weeks after the birth or adoption of a child. 93
143+ (f) After the expiration of the 4 wee ks of parental leave 94
144+authorized under paragraph (d), any additional parental leave 95
145+that an employee takes is treated as any other sick, annual, or 96
146+compensatory leave. 97
147+ (g) Parental leave taken under this section runs 98
148+concurrently with the Family Medical L eave Act. 99
149+ Section 2. This act shall take effect upon becoming a law. 100