CS/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
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 that parental leave runs 11
concurrently with the Family Medical Leave Act; making 12
technical and conforming changes; providing an 13
effective date. 14
15
Be It Enacted by the Legislature of the State of Florida: 16
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Section 1. Section 110.121, Florida Statutes, is amended 18
to read: 19
110.121 Sick leave pool. — 20
(1) Each department or agency of the state which has 21
authority to adopt rules governing the accumulation and use of 22
sick leave for employees a nd which maintains accurate and 23
reliable records showing the amount of sick leave which has been 24
accumulated and is unused by employees must may, in accordance 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
with guidelines which shall be established by the Department of 26
Management Services, adopt rules for the establishment of a plan 27
allowing participating employees to pool sick leave and allowing 28
any sick leave thus pooled to be used by any participating 29
employee who has used all of the sick leave that has been 30
personally accrued by him or her. Althoug h not limited to the 31
following, such rules shall provide: 32
(a)(1) That employees are shall be eligible for 33
participation in the sick leave pool after 1 year of employment 34
with the state or agency of the state; provided that such 35
employee has accrued a min imum amount of unused sick leave, 36
which minimum shall be established by rule. 37
(b)(2) That participation in the sick leave pool must 38
shall, at all times, be voluntary on the part of the employees. 39
(c)(3) That any sick leave pooled must shall be removed 40
from the personally accumulated sick leave balance of the 41
employee contributing such leave. 42
(d)(4) That any sick leave in the pool which leave is used 43
by a participating employee may shall be used only for the 44
employee's personal illness, accident, or in jury or for parental 45
leave. 46
(e)(5) That a participating employee may shall not be 47
eligible to use sick leave accumulated in the pool until all of 48
his or her personally accrued sick, annual, and compensatory 49
leave has been used. 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
(f)(6) Except as provided in paragraph (2)(b), the A 51
maximum number of days of sick leave in the pool which any one 52
employee may use. 53
(g)(7) That a participating employee who uses sick leave 54
from the pool is shall not be required to recontribute such sick 55
leave to the pool, exc ept as otherwise provided in this section. 56
(h)(8) That an employee who cancels his or her membership 57
in the sick leave pool may shall not be eligible to withdraw the 58
days of sick leave contributed by that employee to the pool. 59
(i)(9) That an employee who transfers from one position in 60
state government to another position in state government may 61
transfer from one pool to another if the eligibility criteria of 62
the pools are comparable or the administrators of the pools have 63
agreed on a formula for transfe r of credits. 64
(j)(10) That alleged abuse of the use of the sick leave 65
pool must shall be investigated, and, on a finding of 66
wrongdoing, the employee must shall repay all of the sick leave 67
credits drawn from the sick leave pool and is shall be subject 68
to such other disciplinary action as is determined by the agency 69
head. 70
(k)(11) That sick leave credits may be drawn from the sick 71
leave pool by a part -time employee on a pro rata basis. 72
(2) The sick leave pool may be used by eligible employees 73
for parental leave. In the event that any other provision of law 74
or the model rule established by the Department of Management 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
Services under s. 110.1522 conflicts with this section, the 76
provisions of this section shall prevail, but only to the extent 77
of the conflict. 78
(a) As used in this section, the term "parental leave" 79
means leave for the father or mother of a child who is born to 80
or adopted by that parent. 81
(b) An employee may take up to 4 co nsecutive weeks of 82
parental leave with full pay. 83
(c) An employee is eligible for parental leave only within 84
the first 12 weeks after the birth or adoption of a child. 85
(d) Parental leave taken under this section runs 86
concurrently with the Family Medical Leave Act. 87
Section 2. This act shall take effect upon becoming a law. 88