Florida Senate - 2013                                     SB 726
       
       
       
       By Senator Simmons
       
       
       
       
       10-00537B-13                                           2013726__
    1                        A bill to be entitled                      
    2         An act relating to the regulation of family or medical
    3         leave benefits for employees; providing definitions;
    4         prohibiting a political subdivision from requiring or
    5         otherwise regulating family or medical leave benefits
    6         for employees; preempting regulation of family or
    7         medical leave benefits to the state; establishing
    8         certain family or medical leave benefits for specified
    9         employees; providing that the act does not prohibit a
   10         political subdivision from establishing family or
   11         medical leave benefits for its employees; providing
   12         that the act does not prohibit a federally authorized
   13         or recognized tribal government from requiring family
   14         or medical leave benefits under certain conditions;
   15         providing an effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Ordinances relating to family or medical leave
   20  benefits for employees.—
   21         (1) As used in this section, the term:
   22         (a) “Employee” and the term “employer” have the same
   23  meanings as established in the federal Fair Labor Standards Act
   24  of 1938, 29 U.S.C. s. 203.
   25         (b) “Family or medical leave” means a period of absence
   26  from employment, paid or unpaid, used by an employee to deal
   27  with a health condition or seek medical attention, to assist
   28  another person dealing with a health condition or seeking
   29  medical attention, or to give birth to or adopt a child.
   30         (c) “Political subdivision” means a county, municipality,
   31  department, commission, special district, board, or other public
   32  body, whether corporate or otherwise, created by or under state
   33  law.
   34         (2) A political subdivision may not require an employer to
   35  provide family or medical leave benefits to an employee and may
   36  not otherwise regulate such leave. For purposes of uniform
   37  application of this section throughout the state, with the
   38  exception of family or medical leave benefits regulated under
   39  federal law or regulations, the regulation of family and medical
   40  leave benefits is expressly preempted to the state.
   41         (3) In addition to any family or medical leave benefits
   42  available to an employee pursuant to applicable federal or state
   43  laws, an employee who has worked for an employer in this state
   44  for a total of 12 months and has worked a minimum of 1,250 hours
   45  over the previous 12 months, is entitled to the following
   46  rights:
   47         (a) An employee may be absent from his or her employment
   48  for up to 5 days during a calendar year, without risk of
   49  termination, in the event of the illness of the employee or a
   50  dependent child of the employee which is documented by a signed
   51  letter from a licensed medical professional.
   52         (b) An employee may, without risk of termination, leave
   53  work for up to 1 day during a calendar year due to a medical
   54  emergency involving the employee, a dependent child of the
   55  employee, the employee’s spouse, or a member of the household
   56  which is documented by a signed letter from a licensed medical
   57  professional which attests to the existence of a medical
   58  emergency.
   59         (c) An employee may, in consultation with his or her
   60  employer, obtain an adjustment of the employee’s work schedule
   61  in order to accommodate up to a total of five doctor or dentist
   62  appointments each calendar year for the employee or a dependent
   63  child of the employee. The employee shall provide reasonable
   64  notice to his or her employer of the appointments.
   65         (d) As a condition of receiving the benefits specified in
   66  paragraphs (a)-(c), an employer may provide, and require an
   67  employee to participate in, a wellness or preventive health care
   68  program.
   69         (4) This section does not limit the authority of a
   70  political subdivision to establish family or medical leave
   71  benefits for the employees of the political subdivision.
   72         (5) This section does not prohibit a federally authorized
   73  and recognized tribal government from requiring family or
   74  medical leave benefits for a person employed within a territory
   75  over which the tribe has jurisdiction.
   76         Section 2. This act shall take effect upon becoming a law.