HB 763

1	A bill to be entitled
2	An act relating to mandatory employee paid sick leave;
3	amending s. 448.101, F.S.; applying definitions to s.
4	448.111, F.S.; creating s. 448.111, F.S., the "Florida
5	Paid Sick Leave Act"; providing a short title; providing
6	definitions; requiring a minimum level of sick leave
7	accrual for an employee; providing direction to an
8	employer on the methodology for sick leave accrual
9	determination; delineating guaranteed uses of sick leave
10	and reasonable determination of such leave; requiring the
11	employer to provide notice to employees of sick leave
12	accrual and guaranteed uses and employee rights; providing
13	methods for such notice; requiring the Agency for
14	Workforce Innovation to make posters available to any
15	employer; prohibiting retaliatory personnel action or
16	discrimination against an employee regarding paid sick
17	leave requests, guaranteed use, or filing of an action or
18	complaint to enforce sick leave rights; providing remedies
19	for failure to provide paid sick leave and for retaliatory
20	personnel actions; providing for civil penalties and other
21	relief; providing for action by the Attorney General under
22	certain circumstances; providing for limitation of civil
23	action; providing for class action suits; requiring
24	confidentiality and nondisclosure of certain information
25	by an employer; encouraging more generous leave policies;
26	providing for severability; providing an effective date.
27
28	WHEREAS, almost all workers in the State of Florida will at
29	some time during the year need short-term time off from work to
30	take care of their own health needs or the health needs of
31	members of their families or to deal with safety issues arising
32	from domestic or sexual violence, and
33	WHEREAS, there are many workers in Florida who are not
34	entitled to any paid sick leave to care for their own health
35	needs or the health needs of members of their families, and
36	WHEREAS, low-income workers are significantly less likely
37	to have paid sick leave than other members of the workforce, and
38	WHEREAS, providing workers time off to attend to their own
39	health care and the health care of family members will ensure a
40	healthier and more productive workforce in the State of Florida,
41	and
42	WHEREAS, paid sick leave will have positive effects on the
43	health of Florida workers by helping to ensure that workers will
44	take advantage of preventive and routine medical care that, in
45	turn, will prevent illnesses and, through early detection,
46	shorten the duration of illnesses, and
47	WHEREAS, paid sick leave will have a positive effect on
48	public health in Florida by allowing sick workers to stay at
49	home to care for themselves when ill, thus lessening their
50	recovery time and reducing the likelihood of spreading illness
51	to other members of the workforce, and
52	WHEREAS, paid sick leave will allow parents to provide
53	personal care for their sick children, which will lessen their
54	recovery time, prevent more serious illnesses, and improve the
55	children's overall mental and physical health, and
56	WHEREAS, parents who cannot afford to miss work must often
57	send their sick children to child care or school, increasing the
58	likelihood of spreading contagious diseases to other children,
59	child care workers, and teachers, and
60	WHEREAS, providing paid sick leave will encourage routine
61	medical care, which will improve early detection and treatment
62	of illness, decreasing the need for emergency and long-term care
63	and thus resulting in savings for both private and public payers
64	of health insurance, including private businesses, and
65	WHEREAS, the majority of care of older members of the
66	family is performed by working family members, and
67	WHEREAS, providing minimal paid sick leave is affordable
68	for employers and is good for business, and
69	WHEREAS, employers who provide paid sick leave have greater
70	retention of their employees and avoid the problem of workers
71	coming to work sick, and studies have shown that costs from on-
72	the-job productivity losses resulting from sick workers on the
73	job exceed the cost of absenteeism among employees, and
74	WHEREAS, nearly one in three American women report physical
75	or sexual abuse by a husband or boyfriend at some point in their
76	lives, and
77	WHEREAS, employment security is essential for women who are
78	victims of domestic and sexual violence, and
79	WHEREAS, the need to take time off to attend to the
80	physical, psychological, and legal ramifications of violence
81	against women can interfere with the ability to retain
82	employment if paid leave is not available, NOW, THEREFORE,
83
84	Be It Enacted by the Legislature of the State of Florida:
85
86	Section 1.  Section 448.101, Florida Statutes, is amended
87	to read:
88	448.101  Definitions.--As used in ss. 448.101-448.105 and
89	448.111, the term:
90	(1)  "Appropriate governmental agency" means any agency of
91	government charged with the enforcement of laws, rules, or
92	regulations governing an activity, policy, or practice of an
93	employer.
94	(2)  "Employee" means a person who performs services for
95	and under the control and direction of an employer for wages or
96	other remuneration. The term does not include an independent
97	contractor.
98	(3)  "Employer" means any private individual, firm,
99	partnership, institution, corporation, or association that
100	employs ten or more persons.
101	(4)  "Law, rule, or regulation" includes any statute or
102	ordinance or any rule or regulation adopted pursuant to any
103	federal, state, or local statute or ordinance applicable to the
104	employer and pertaining to the business.
105	(5)  "Retaliatory personnel action" means the discharge,
106	suspension, or demotion by an employer of an employee or any
107	other adverse employment action taken by an employer against an
108	employee in the terms and conditions of employment.
109	(6)  "Supervisor" means any individual within an employer's
110	organization who has the authority to direct and control the
111	work performance of the affected employee or who has managerial
112	authority to take corrective action regarding the violation of
113	law, rule, or regulation of which the employee complains.
114	Section 2.  Section 448.111, Florida Statutes, is created
115	to read:
116	448.111  Mandatory employee paid sick leave; short title;
117	definitions; accrual and use of paid sick leave; notice and
118	posting; retaliation prohibited; remedies for aggrieved person;
119	confidentiality and nondisclosure; encouragement of generous
120	leave policies; severability.--
121	(1)  SHORT TITLE.--This section may be cited as the
122	"Florida Paid Sick Leave Act."
123	(2)  DEFINITIONS.--For purposes of this section:
124	(a)  "Child" means a biological child, adopted or foster
125	child, stepchild or legal ward, or extended family member of the
126	employee or a child to whom the employee stands in loco parentis
127	who is under the age of 18 years or who is 18 years of age or
128	older but incapable of self care or earning a living due to a
129	physical or mental disability or incapacity.
130	(b)  "Domestic violence" is as defined in s. 741.28.
131	(c)  "Extended family member" is as defined in s. 751.011.
132	(d)  "Grandparent" is as defined in s. 752.001.
133	(e)  "Health care professional" means any person licensed
134	under Florida law to provide medical or emergency services,
135	including, but not limited to, doctors, nurses, emergency room
136	personnel, and persons licensed under chapter 456.
137	(f)  "Paid sick leave" means leave that is compensated at
138	the same rate the employee earns from his or her employment and
139	is paid by an employer or small employer to an employee for use
140	as provided in subsection (4).
141	(g)  "Parent" means a biological parent, foster parent,
142	stepparent or adoptive parent, or legal guardian of an employee
143	or an employee's spouse or a person who stood in loco parentis
144	when the employee was a minor child.
145	(h)  "Small employer" means any private individual, firm,
146	partnership, institution, corporation, or association that
147	employs fewer than 10 persons.
148	(i)  "Spouse" means a person to whom the employee is
149	legally married under the laws of this state.
150	(3)  ACCRUAL OF PAID SICK LEAVE.--
151	(a)  All employees have the right to paid sick leave as
152	provided in this section.
153	(b)  An employer, other than a small employer, shall
154	provide 1 hour of paid sick leave for every 40 hours worked by
155	an employee. A small employer shall provide 1 hour of paid sick
156	leave for every 80 hours worked by an employee. Paid sick leave
157	shall accrue in hourly increments.
158	(c)  Paid sick leave as provided in this section shall
159	begin to accrue at the commencement of employment.
160	(d)  An employee shall be entitled to use accrued paid sick
161	leave beginning on the 90th day following commencement of his or
162	her employment.
163	(e)  An employee shall be entitled to carry forward a
164	maximum of 72 hours of paid sick leave from one calendar year to
165	the next.
166	(f)  Any employer with a paid leave policy that makes
167	available an amount of paid leave that may be used for the same
168	purposes and under the same conditions as paid sick leave under
169	this section shall be deemed to be in compliance with this
170	section.
171	(g)  Nothing in this section shall be construed to prevent
172	employers from adopting or retaining leave policies that are
173	more generous than the policies required under this section.
174	(4)  USE OF PAID SICK LEAVE.--
175	(a)  Paid sick leave shall be provided to an employee by an
176	employer or small employer for:
177	1.  An employee's mental or physical illness, injury, or
178	health condition; need for medical diagnosis, care, or treatment
179	of a mental or physical illness, injury, or health condition; or
180	need for preventive medical care;
181	2.  Care of a spouse, child, parent, grandparent, extended
182	family member, or any other individual related by blood or
183	affinity whose close relationship with the employee is the
184	equivalent of a family relationship and who has a mental or
185	physical illness, injury, or health condition; who needs medical
186	diagnosis, care, or treatment of a mental or physical illness,
187	injury, or health condition; or who needs preventive medical
188	care; and
189	3.  Absence necessary due to domestic violence, provided
190	the leave is to:
191	a.  Seek medical attention for the employee or employee's
192	child, spouse, parent, grandparent, or extended family member to
193	recover from physical or psychological injury or disability
194	caused by domestic violence;
195	b.  Obtain services from a victim services organization;
196	c.  Obtain psychological or other counseling;
197	d.  Seek relocation due to the domestic violence; or
198	e.  Take legal action, including preparing for or
199	participating in any civil or criminal legal proceeding related
200	to or resulting from the domestic violence.
201	(b)  An employer or small employer may require reasonable
202	notice of the need for paid sick leave. Where the need for the
203	leave is foreseeable, an employer may require advance notice of
204	the intention to take such leave but in no case shall require
205	more than 7 days' advance notice. Where the need is not
206	foreseeable, an employer may require an employee to give notice
207	of the need for leave as soon as is practicable.
208	(c)  For leave of more than 3 consecutive days, an employer
209	may require reasonable documentation that the paid leave is
210	covered by this subsection. Under subparagraph (a)1. or
211	subparagraph (a)2., documentation signed by a heath care
212	professional indicating the need for the number of paid sick
213	leave days shall be considered reasonable documentation. Under
214	subparagraph (a)3., a court record or documentation signed by an
215	employee or volunteer working for a victim services
216	organization, an attorney, a police officer, or any other anti-
217	violence counselor shall be considered reasonable documentation.
218	(5)  NOTICE AND POSTING.--
219	(a)  An employer shall give notice that an employee is
220	entitled to paid sick leave, the amount of paid sick leave, and
221	the terms of its use guaranteed under this section; that
222	retaliation against an employee who requests or uses paid sick
223	leave is prohibited; and that an employee has the right to file
224	a complaint or bring a civil action if sick leave as required by
225	this section is denied by the employer or the employee is
226	retaliated against for requesting or taking paid sick leave.
227	(b)  An employer may comply with the requirements of
228	paragraph (a) by:
229	1.  Supplying each of his or her employees with a notice in
230	English and Spanish that contains the required information; or
231	2.  Displaying a poster in a conspicuous and accessible
232	place in each establishment where his or her employees are
233	employed that contains in English and Spanish the required
234	information.
235
236	The Agency for Workforce Innovation shall make available posters
237	containing the information required by this subsection to an
238	employer for his or her use in complying with the notice and
239	posting requirements of this subsection.
240	(6)  RETALIATION PROHIBITED.--An employer may not take
241	retaliatory personnel action or discriminate against an employee
242	because the employee has requested paid sick leave, taken
243	guaranteed paid sick leave, or made a complaint or filed an
244	action to enforce his or her right to paid sick leave under this
245	section.
246	(7)  REMEDIES FOR FAILURE TO PROVIDE PAID SICK LEAVE AND
247	FOR RETALIATION.--
248	(a)  An employee subjected to retaliatory personnel action
249	in violation of subsection (6) may institute a civil action in a
250	court of competent jurisdiction under the terms set out in s.
251	448.103(1)(b) and shall be entitled to relief as provided in s.
252	448.103(2) and attorney's fees as provided in s. 448.104.
253	(b)1.  Any person aggrieved by failure to provide paid sick
254	leave as required by this section may bring a civil action in a
255	court of competent jurisdiction against an employer violating
256	this section.
257	2.  Upon prevailing in an action brought pursuant to this
258	section, an aggrieved person shall recover the full amount of
259	any unpaid sick leave plus any actual damages suffered as the
260	result of the employer's failure to provide paid sick leave.
261	3.  Upon prevailing in an action brought pursuant to this
262	section, an aggrieved person shall be entitled to such legal or
263	equitable relief as may be appropriate to remedy the violation,
264	including, without limitation, reinstatement in employment and
265	injunctive relief.
266	4.  Upon prevailing in an action brought pursuant to this
267	section, aggrieved persons shall be entitled to reasonable
268	attorney's fees.
269	5.  Any civil action brought under this section shall be
270	subject to s. 768.79.
271	(c)  Any person aggrieved by either a retaliatory personnel
272	action in violation of subsection (6) or by an employer's
273	failure to provide paid sick leave as required by this section
274	may file a complaint with the Attorney General.
275	(d)  The Attorney General may bring a civil action to
276	enforce this section. The Attorney General may seek injunctive
277	relief. In addition to injunctive relief, or in lieu thereof,
278	for any employer or other person found to have willfully
279	violated this section, the Attorney General may seek to impose a
280	fine of $1,000 per violation, payable to the state.
281	(e)  The statute of limitations for a civil action brought
282	pursuant to this section shall be for the period of time
283	specified in s. 95.11, beginning on the date the alleged
284	violation occurred.
285	(f)  Actions brought pursuant to this section may be
286	brought as a class action pursuant to Rule 1.220, Florida Rules
287	of Civil Procedure. In any class action brought pursuant to this
288	section, the plaintiffs shall prove, by a preponderance of the
289	evidence, the individual identity of each class member and the
290	individual damages of each class member.
291	(8)  CONFIDENTIALITY AND NONDISCLOSURE.--If an employer
292	possesses health information or information pertaining to
293	domestic violence about an employee or an employee's child,
294	parent, spouse, grandparent, or extended family member, such
295	information shall be treated as confidential and not disclosed
296	except to the affected employee or with the permission of the
297	effected employee.
298	(9)  ENCOURAGEMENT OF MORE GENEROUS LEAVE POLICIES; NO
299	EFFECT ON MORE GENEROUS POLICIES.--
300	(a)  Nothing in this section shall be construed to
301	discourage or prohibit an employer from the adoption or
302	retention of a paid leave policy more generous than the one
303	required under this section.
304	(b)  Nothing in this section shall be construed as
305	diminishing the obligation of an employer to comply with any
306	contract, collective bargaining agreement, employment benefit
307	plan, or other agreement providing more generous leave to an
308	employee than that required under this section.
309	(c)  Nothing in this section shall be construed as
310	diminishing the rights of a public employee regarding paid sick
311	leave or use of sick leave as provided in chapters 110-112 and
312	rules adopted thereunder.
313	(10)  SEVERABILITY.--If any provision of this section or
314	application thereof to any person or circumstance is judged
315	invalid, the invalidity shall not affect other provisions or
316	applications of the section which can be given effect without
317	the invalid provision or application, and to this end the
318	provisions of this section are declared severable.
319	Section 3.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.