House Bill hb1245
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Florida House of Representatives - 2001 HB 1245
By Representative Cusack
1 A bill to be entitled
2 An act relating to unemployment compensation
3 for birth and adoption; creating s. 443.232,
4 F.S.; prohibiting denial of unemployment
5 compensation benefits for certain leaves of
6 absence relating to adopting or giving birth to
7 a baby; providing for reductions in the amount
8 of compensation; requiring employers to post
9 certain notices; specifying certain payments as
10 not chargeable against employers; requiring the
11 Secretary of the Department of Labor and
12 Employment Security to report to the Governor
13 and Legislature; providing application;
14 providing an effective date.
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16 Be It Enacted by the Legislature of the State of Florida:
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18 Section 1. Section 443.232, Florida Statutes, is
19 created to read:
20 443.232 Unemployment compensation for birth and
21 adoption.--
22 (1) An individual who is on a leave of absence from
23 his or her employer or who left employment to be with the
24 individual's child during the first year of life, or during
25 the first year following placement with the individual for
26 adoption, shall not be denied compensation under provisions of
27 this chapter relating to voluntarily leaving employment,
28 availability for work, inability to work, or failure to
29 actively seek work.
30 (2) The provisions of this chapter concerning the
31 reduction of the amount of compensation due to receipt of
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Florida House of Representatives - 2001 HB 1245
799-104-01
1 disqualifying income shall apply to payments under this
2 section. In addition, the following payments shall cause a
3 reduction in the compensation amount:
4 (a) Any payment from the employer resulting from a
5 birth or adoption described in subsection (1).
6 (b) Any payment resulting from a birth or adoption
7 described in subsection (1) from a disability insurance plan
8 contributed to by an employer, in proportion to the employer's
9 contribution to such plan.
10 (3) Compensation is payable to an individual under
11 this section for a maximum of 12 weeks with respect to any
12 birth or placement for adoption.
13 (4) Each employer shall post at each site operated by
14 the employer, in a conspicuous place accessible to all
15 employees, information relating to the availability of
16 unemployment compensation under this section.
17 (5) Any compensation paid under this section shall not
18 be charged to the account of the individual's employer.
19 (6) Two years following the effective date of this
20 section, the Secretary of the Department of Labor and
21 Employment Security shall issue a report to the Governor, the
22 President of the Senate, and the Speaker of the House of
23 Representatives evaluating the effectiveness of the
24 unemployment compensation program for birth and adoption.
25 (7) This section shall be applied consistent with
26 rules adopted by the United States Department of Labor.
27 Section 2. This act shall take effect upon becoming a
28 law.
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Florida House of Representatives - 2001 HB 1245
799-104-01
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2 SENATE SUMMARY
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Prohibits denying unemployment compensation benefits for
4 leaves of absence relating to adopting or giving birth to
a baby. Provides for reductions in the amount of
5 unemployment compensation benefits. Requires employers to
post notices of program availability. Specifies payments
6 of unemployment compensation for births and adoptions as
not chargeable against employers. Requires the Secretary
7 of the Department of Labor and Employment Security to
report to the Governor and Legislature on program
8 effectiveness.
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