This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0765e.SAC
DATE: 2/14/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 765 Leave of Absence to Officials and Employees
SPONSOR(S): Daley
TIED BILLS: IDEN./SIM. BILLS: SB 818
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration, Federal Affairs & Special
Districts Subcommittee
16 Y, 0 N Burgess Darden
2) Appropriations Committee 25 Y, 0 N Perez Pridgeon
3) State Affairs Committee 20 Y, 0 N Burgess Williamson
SUMMARY ANALYSIS
The provisions of the federal Uniformed Services Employment and Reemployment Rights Act (USERRA)
provide employment protections to servicemembers who have to leave employment to perform military service.
USERRA requires compliance by private and public employers, including state and local governments.
Current law provides a paid leave of absence for state officials and employees, as well as the officials and
employees of counties, municipalities, and other political subdivisions of the state, for participation in training or
active military service.
A public official or employee who is a servicemember of the Florida National Guard or a reserve component of
the United States Armed Forces is eligible to receive full public pay, regardless of any other compensation
from the military or other source, for the first 30 days of a leave of absence to perform active military service.
Beyond the first 30 days, an employer may supplement military pay to bring the total salary of the employee to
the amount earned before the start of active military duty. During the time that a public employee is in active
military service, the employer must continue to provide health insurance and other employee benefits.
The bill revises the requirement that a public employer provide an employee or official who is a servicemember
a full paid leave of absence for the first 30 days of active military service. The bill limits application of the paid
leave of absence to a servicemember who is activated under federal military service for 90 consecutive days or
more.
The bill may have a positive fiscal impact on state and local governments.
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DATE: 2/14/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Uniformed Services Employment and Reemployment Rights Act (USERRA)
1
The federal USERRA provides employment protections to servicemembers who have to leave
employment to perform military service. USERRA areas of coverage include reemployment rights,
freedom from discrimination and retaliation, and continuation of health insurance coverage.
2
USERRA
requires compliance of private and public employers, including state and local governments.
3
Public Employment Leave of Absence for Military Duty
Current law provides a paid leave of absence for state officials and employees, as well as the officials
and employees of counties, municipalities, and other political subdivisions of the state, for participation
in training or active military service.
4
The provisions apply to servicemembers serving as members of
the United States Armed Forces on active or state active duty,
5
the Florida National Guard, or the U.S.
Reserve Forces.
6
A public official or employee who is a servicemember of the Florida National Guard or a reserve
component of the U.S. Armed Forces is eligible to receive full pay, regardless of any other
compensation from the military or other source, for the first 30 days of a leave of absence to perform
active military service.
7
Beyond the first 30 days, an employer may supplement military pay to bring the
total salary of the employee, including base military pay, to the amount earned before the start of active
military duty.
8
During the time that a public employee is in active military service, the employer must
continue to provide health insurance and other employee benefits.
9
A leave of absence due to military training is addressed separately from active military duty.
10
A public
official or employee who is a servicemember is entitled to a leave of absence without loss of vacation
leave, pay, time, or efficiency rating for each day ordered to military training.
11
However, paid leaves of
absence are limited to 240 working hours in any one annual period. For any absence in excess of 240
hours, an employer may grant administrative leave without pay, but may not reduce a servicemember’s
time or efficiency rating for providing such leave.
Effect of Proposed Changes
The bill revises the requirement that a public employer provide an employee or official who is a
servicemember a full paid leave of absence for the first 30 days of active military service. The
bill limits application of the paid leave of absence to a servicemember who is activated under
1
38 U.S.C. ch. 43.
2
U.S. Dept. of Labor, Veterans’ Employment and Training Service, Know Your Rights,
https://www.dol.gov/agencies/vets/programs/userra/aboutuserra#:~:text=USERRA%20prohibits%20employment%20discrimination%20
against,obligations%2C%20or%20intent%20to%20serve (last visited Jan. 19, 2024).
3
U.S. Dept. of Labor, A Guide to the Uniformed Services Employment and Reemployment Rights Act,
https://www.dol.gov/agencies/vets/programs/userra/USERRA-Pocket-
Guide#:~:text=USERRA%20applies%20to%20virtually%20all,size%2C%20including%20the%20Federal%20Government (last visited
Jan. 20, 2024).
4
Ss. 115.07, 115.09, and 115.14, F.S.
5
The “armed forces” include the United States Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard. S. 250.01(4), F.S.
6
S. 250.01(19), F.S.
7
Ss. 115.09 and 115.14, F.S. See also Op. Att’y Gen. Fla. 98-43 (1998).
8
S. 115.14, F.S.
9
Id.
10
S. 115.07, F.S.
11
S. 115.07(2), F.S. STORAGE NAME: h0765e.SAC PAGE: 3
DATE: 2/14/2024
federal military service that is 90 consecutive days or more.
B. SECTION DIRECTORY:
Section 1: Amends s. 115.09, F.S., relating to leave to public officials for
military service.
Section 2: Amends s. 115.14, F.S., relating to employees.
Section 3: Provides an effective date of July 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
The bill may have a positive impact on state government expenditures to the extent employees
currently receive pay for leaves of absence of less than 90 days.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
The bill may have a positive impact on local government expenditures to the extent employees
currently receive pay for leaves of absence of less than 90 days.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill neither provides authority for nor requires rulemaking by executive branch agencies.
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DATE: 2/14/2024
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
None.