Bill Text: FL S1838 | 2021 | Regular Session | Introduced
Bill Title: Employee Protections
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2021-04-30 - Died in Commerce and Tourism [S1838 Detail]
Download: Florida-2021-S1838-Introduced.html
Florida Senate - 2021 SB 1838 By Senator Jones 35-00922-21 20211838__ 1 A bill to be entitled 2 An act relating to employee protections; amending s. 3 443.101, F.S.; providing that individuals who 4 voluntarily leave work for specified reasons are not 5 disqualified from reemployment benefits; revising and 6 providing requirements for such individuals; defining 7 the terms “witness” and “immediate family member”; 8 specifying that the employment record of an employing 9 unit may not be charged for the payment of benefits to 10 such individuals; amending s. 443.131, F.S.; 11 prohibiting the employment record of an employer from 12 being charged for benefits paid to individuals who 13 voluntarily leave work as a result of specified 14 circumstances related to a homicide or individuals who 15 are a witness, or have an immediate family member who 16 is a witness, to certain crimes; amending s. 741.313, 17 F.S.; increasing the amount of leave an employer must 18 allow an employee to take if the employee or a family 19 or household member of the employee is the victim of 20 domestic violence or sexual violence; revising the 21 specified reasons for which an employee may take such 22 leave; revising applicability; creating s. 741.314, 23 F.S.; defining terms; requiring employers to allow 24 employees who are witnesses, who have an immediate 25 family member who is a witness, or who have an 26 immediate family member who is a homicide victim to 27 take leave from work for specified reasons; providing 28 applicability; requiring the employee to notify the 29 employer of the leave and provide the employer with 30 certain documentation; providing requirements relating 31 to annual and vacation leave, personal leave, and sick 32 leave; requiring an employer to keep information 33 relating to an employee’s request for such leave 34 confidential to the extent provided by law; requiring 35 an employer to provide reasonable work accommodations 36 for certain employees; providing an exception; 37 providing requirements for determining reasonable work 38 accommodations; providing requirements for employees 39 requesting reasonable work accommodations; prohibiting 40 employers from taking certain actions against 41 employees who request reasonable work accommodations; 42 providing construction; prohibiting an employer from 43 taking certain actions against an employee for 44 exercising certain rights; providing construction; 45 providing a remedy for violations; providing an 46 effective date. 47 48 Be It Enacted by the Legislature of the State of Florida: 49 50 Section 1. Paragraph (a) of subsection (1) of section 51 443.101, Florida Statutes, is amended to read: 52 443.101 Disqualification for benefits.—An individual shall 53 be disqualified for benefits: 54 (1)(a) For the week in which he or she has voluntarily left 55 work without good cause attributable to his or her employing 56 unit or for the week in which he or she has been discharged by 57 the employing unit for misconduct connected with his or her 58 work, based on a finding by the Department of Economic 59 Opportunity. As used in this paragraph, the term “work” means 60 any work, whether full-time, part-time, or temporary. 61 1. Disqualification for voluntarily quitting continues for 62 the full period of unemployment next ensuing after the 63 individual has left his or her full-time, part-time, or 64 temporary work voluntarily without good cause and until the 65 individual has earned income equal to or greater than 17 times 66 his or her weekly benefit amount. As used in this subsection, 67 the term “good cause” includes only that cause attributable to 68 the employing unit which would compel a reasonable employee to 69 cease working or attributable to the individual’s illness or 70 disability requiring separation from his or her work. Any other 71 disqualification may not be imposed. 72 2. An individual is not disqualified under this subsection 73 for: 74 a. Voluntarily leaving temporary work to return immediately 75 when called to work by the permanent employing unit that 76 temporarily terminated his or her work within the previous 6 77 calendar months; 78 b. Voluntarily leaving work to relocate as a result of his 79 or her military-connected spouse’s permanent change of station 80 orders, activation orders, or unit deployment orders;or81 c. Voluntarily leaving work if he or she proves that his or 82 her discontinued employment is a direct result of circumstances 83 related to domestic violence as defined in s. 741.28, sexual 84 violence as defined in s. 741.313(1), or stalking under s. 85 784.048. An individual who voluntarily leaves work under this 86 sub-subparagraph must: 87 (I) Make reasonable efforts to preserve employment, unless 88 the individual establishes that such remedies are likely to be 89 futile or to increase the risk of future incidents of domestic 90 violence. Such efforts may include seeking a protective 91 injunction, relocating to a secure place, or seeking reasonable 92 accommodation from the employing unit, such as a transfer or 93 change of assignment; 94 (II) Provide evidence, such as an injunction, a protective 95 order, medical records, mental health records, a law enforcement 96 report, or other documentation authorized bystatelaw, which 97 reasonably proves that domestic violence has occurred; and 98 (III) Reasonably believe that he or she is likely to be the 99 victim of a future act of domestic violence at, in transit to, 100 or departing from his or her place of employment. An individual 101 who is otherwise eligible for benefits under this sub 102 subparagraph is ineligible for each week that he or she no 103 longer meets such criteria or refuses a reasonable accommodation 104 offered in good faith by his or her employing unit; or 105 d. If sub-subparagraph c. does not apply, voluntarily 106 leaving work if he or she is a witness, if his or her immediate 107 family member is a witness, or if his or her immediate family 108 member was a victim of homicide and his or her discontinued 109 employment is a direct result of circumstances relating to such 110 crime. For the purposes of this sub-subparagraph, the terms 111 “witness” and “immediate family member” have the same meanings 112 as in s. 741.314(1). An individual who voluntarily leaves work 113 under this sub-subparagraph must: 114 (I) Make reasonable efforts to preserve employment, unless 115 the individual establishes that such remedies are likely to be 116 futile or to increase the risk of future victimization. Such 117 efforts may include seeking a protective injunction, relocating 118 to a secure place, or seeking reasonable accommodations from the 119 employing unit, such as a transfer or change of assignment; 120 (II) Provide evidence, such as an injunction, a protective 121 order, medical records, mental health records, a law enforcement 122 report, or other documentation authorized by law or acceptable 123 to the employer, which reasonably verifies that a crime has 124 occurred; and 125 (III) Reasonably believe that he or she is likely to be the 126 victim of a future crime at, in transit to, or departing from 127 his or her place of employment. An individual who is otherwise 128 eligible for benefits under this sub-subparagraph is ineligible 129 for each week that he or she no longer meets such criteria or 130 refuses a reasonable accommodation offered in good faith by his 131 or her employing unit. 132 3. The employment record of an employing unit may not be 133 charged for the payment of benefits to an individual who has 134 voluntarily left work under sub-subparagraph 2.c. or sub 135 subparagraph 2.d. 136 4. Disqualification for being discharged for misconduct 137 connected with his or her work continues for the full period of 138 unemployment next ensuing after having been discharged and until 139 the individual is reemployed and has earned income of at least 140 17 times his or her weekly benefit amount and for not more than 141 52 weeks immediately following that week, as determined by the 142 department in each case according to the circumstances or the 143 seriousness of the misconduct, under the department’s rules for 144 determining disqualification for benefits for misconduct. 145 5. If an individual has provided notification to the 146 employing unit of his or her intent to voluntarily leave work 147 and the employing unit discharges the individual for reasons 148 other than misconduct before the date the voluntary quit was to 149 take effect, the individual, if otherwise entitled, shall 150 receive benefits from the date of the employer’s discharge until 151 the effective date of his or her voluntary quit. 152 6. If an individual is notified by the employing unit of 153 the employer’s intent to discharge the individual for reasons 154 other than misconduct and the individual quits without good 155 cause before the date the discharge was to take effect, the 156 claimant is ineligible for benefits pursuant to s. 443.091(1)(d) 157 for failing to be available for work for the week or weeks of 158 unemployment occurring before the effective date of the 159 discharge. 160 Section 2. Paragraph (a) of subsection (3) of section 161 443.131, Florida Statutes, is amended to read: 162 443.131 Contributions.— 163 (3) VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT 164 EXPERIENCE.— 165 (a) Employment records.—The regular and short-time 166 compensation benefits paid to an eligible individual shall be 167 charged to the employment record of each employer who paid the 168 individual wages of at least $100 during the individual’s base 169 period in proportion to the total wages paid by all employers 170 who paid the individual wages during the individual’s base 171 period. Benefits may not be charged to the employment record of 172 an employer who furnishes part-time work to an individual who, 173 because of loss of employment with one or more other employers, 174 is eligible for partial benefits while being furnished part-time 175 work by the employer on substantially the same basis and in 176 substantially the same amount as the individual’s employment 177 during his or her base period, regardless of whether this part 178 time work is simultaneous or successive to the individual’s lost 179 employment. Further, as provided in s. 443.151(3), benefits may 180 not be charged to the employment record of an employer who 181 furnishes the Department of Economic Opportunity with notice, as 182 prescribed in rules of the department, that any of the following 183 apply: 184 1. If an individual leaves his or her work without good 185 cause attributable to the employer or is discharged by the 186 employer for misconduct connected with his or her work, benefits 187 subsequently paid to the individual based on wages paid by the 188 employer before the separation may not be charged to the 189 employment record of the employer. 190 2. If an individual is discharged by the employer for 191 unsatisfactory performance during an initial employment 192 probationary period, benefits subsequently paid to the 193 individual based on wages paid during the probationary period by 194 the employer before the separation may not be charged to the 195 employer’s employment record. As used in this subparagraph, the 196 term “initial employment probationary period” means an 197 established probationary plan that applies to all employees or a 198 specific group of employees and that does not exceed 90 calendar 199 days following the first day a new employee begins work. The 200 employee must be informed of the probationary period within the 201 first 7 days of work. The employer must demonstrate by 202 conclusive evidence that the individual was separated because of 203 unsatisfactory work performance and not because of lack of work 204 due to temporary, seasonal, casual, or other similar employment 205 that is not of a regular, permanent, and year-round nature. 206 3. Benefits subsequently paid to an individual after his or 207 her refusal without good cause to accept suitable work from an 208 employer may not be charged to the employment record of the 209 employer if any part of those benefits are based on wages paid 210 by the employer before the individual’s refusal to accept 211 suitable work. As used in this subparagraph, the term “good 212 cause” does not include distance to employment caused by a 213 change of residence by the individual. The department shall 214 adopt rules prescribing for the payment of all benefits whether 215 this subparagraph applies regardless of whether a 216 disqualification under s. 443.101 applies to the claim. 217 4. If an individual is separated from work as a direct 218 result of a natural disaster declared under the Robert T. 219 Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 220 ss. 5121 et seq., benefits subsequently paid to the individual 221 based on wages paid by the employer before the separation may 222 not be charged to the employment record of the employer. 223 5. If an individual is separated from work as a direct 224 result of an oil spill, terrorist attack, or other similar 225 disaster of national significance not subject to a declaration 226 under the Robert T. Stafford Disaster Relief and Emergency 227 Assistance Act, benefits subsequently paid to the individual 228 based on wages paid by the employer before the separation may 229 not be charged to the employment record of the employer. 230 6. If an individual is separated from work as a direct 231 result of domestic violence, or a direct result of an immediate 232 family member of the individual being a victim of homicide or 233 the individual or his or her immediate family member being a 234 witness, and meets all requirements in s. 443.101(1)(a)2.c. or 235 d., respectively, benefits subsequently paid to the individual 236 based on wages paid by the employer before separation may not be 237 charged to the employment record of the employer. 238 Section 3. Subsections (2) and (3) of section 741.313, 239 Florida Statutes, are amended to read: 240 741.313 Unlawful action against employees seeking 241 protection.— 242 (2)(a) An employer must allowshall permitan employee to 243 request and take up to 303working days of leave from work in 244 any 12-month period if the employee or a family or household 245 member of an employee is the victim of domestic violence or 246 sexual violence. SuchThisleave may be with or without pay, at 247 the discretion of the employer. 248 (b) This section applies if an employee uses the leave from 249 work to: 250 1. Seek an injunction for protection against domestic 251 violence or an injunction for protection in cases of repeat 252 violence, dating violence, or sexual violence; 253 2. Obtain medical care or mental health counseling, or 254 both, for the employee or a family or household member to 255 address physical or psychological injuries resulting from the 256 act of domestic violence or sexual violence; 257 3. Obtain services from a victim services organization, 258 including, but not limited to, a domestic violence shelter or 259 program or a rape crisis center as a result of the act of 260 domestic violence or sexual violence; 261 4. Make the employee’s home securefrom the perpetrator of262the domestic violence or sexual violenceor to seek new housing 263to escape the perpetrator;or264 5. Seek legal assistance in addressing issues arising from 265 the act of domestic violence or sexual violence or to attend and 266 prepare for court or court-related proceedings arising from the 267 act of domestic violence or sexual violence; 268 6. Seek a temporary restraining order, protective order, or 269 other injunction for protection; or 270 7. Make any other arrangements necessary to provide for the 271 safety or psychological well-being of the employee or his or her 272 family or household member following the act of domestic 273 violence or sexual violence. 274 (3) This section applies to an employer who employs 2550275 or more employees and to an employee who has been employed by 276 the employer for 3 or more months. 277 Section 4. Section 741.314, Florida Statutes, is created to 278 read: 279 741.314 Unlawful action against employees and immediate 280 family members who are witnesses and against immediate family 281 members of homicide victims.— 282 (1) As used in this section, the term: 283 (a) “Domestic violence” includes domestic violence as 284 defined in s. 741.28, stalking under s. 784.048, or any crime 285 the underlying factual basis of which has been found by a court 286 to include an act of domestic violence or stalking. 287 (b) “Employee” has the same meaning as in s. 440.02(15). 288 (c) “Employer” has the same meaning as in s. 440.02(16). 289 (d) “Immediate family member” means any of the following: 290 1. A parent, child, or sibling of the employee, whether by 291 blood, adoption, or marriage, regardless of the age of the 292 family member or employee; 293 2. A legal guardian of the employee, a person who stands in 294 loco parentis to the employee, or a person who was a legal 295 guardian to the employee or who stood in loco parentis to the 296 employee when the employee was a minor; 297 3. A person to whom the employee is a legal guardian, to 298 whom the employee stands in loco parentis, or to whom the 299 employee was a legal guardian or stood in loco parentis when the 300 person was a minor; 301 4. A spouse of the employee or an individual who is engaged 302 to be married to the employee; 303 5. A cohabitant of the employee who has a relationship with 304 the employee of a romantic or intimate nature; or 305 6. A person who lives in the same dwelling unit as the 306 employee who is otherwise related by blood, adoption, or 307 marriage, or a person who has at any time resided in the same 308 dwelling unit as the employee and whose close association is 309 similar to that of a parent, child, sibling, or spouse. 310 (e) “Sexual violence” has the same meaning as in s. 311 741.313(1). 312 (f) “Witness” means a person, including, but not limited 313 to, the victim, who witnesses any part of the commission of a 314 crime that constitutes sexual violence or domestic violence or 315 that causes physical injury, psychological injury with the 316 threat of physical injury, or death to the victim. The term does 317 not include a person who was the perpetrator of the crime or an 318 accomplice to the crime. 319 (2)(a) An employer must allow an employee who is not 320 otherwise already eligible for leave under s. 741.313 to request 321 and take up to 30 working days of leave from work in any 12 322 month period if the employee or an immediate family member of 323 the employee becomes a witness in that period or if an immediate 324 family member of the employee becomes a homicide victim in that 325 period. Such leave may be with or without pay, at the discretion 326 of the employer. 327 (b) This section applies if an employee uses the leave from 328 work as a result of the crime to: 329 1. Seek an injunction for protection against domestic 330 violence or an injunction for protection in cases of repeat 331 violence, dating violence, or sexual violence; 332 2. Seek a temporary restraining order, protective order, or 333 other injunction for protection; 334 3. Obtain medical care or mental health counseling, or 335 both, for the employee or an immediate family member of the 336 employee to address physical or psychological injuries resulting 337 from the crime; 338 4. Obtain services from a victim services organization, 339 including, but not limited to, a domestic violence shelter or 340 program or a rape crisis center as a result of the crime; 341 5. Make the employee’s home secure or seek new housing to 342 improve the employee’s or the employee’s immediate family 343 member’s safety or psychological well-being; 344 6. Seek legal assistance in addressing issues arising from 345 the crime or to attend and prepare for court or court-related 346 proceedings arising from the crime; 347 7. Make arrangements necessitated by the death of an 348 employee’s immediate family member who is deceased as a result 349 of the crime; 350 8. Grieve the death of an employee’s immediate family 351 member who is deceased as a result of the crime; or 352 9. Make any other arrangements necessary to provide for the 353 safety or psychological well-being of the employee or his or her 354 immediate family member as a result of the crime. 355 (3) This section applies to an employer who employs 25 or 356 more employees and to an employee who has been employed by the 357 employer for 3 or more months. 358 (4)(a) Except in cases of imminent danger to the health or 359 safety of the employee, or to the health or safety of an 360 immediate family member of the employee, an employee seeking 361 leave from work under this section must provide to his or her 362 employer appropriate advance notice of the leave as required by 363 the employer’s policy, along with sufficient documentation of 364 the crime as required by the employer. The employer must accept 365 the following as sufficient documentation of the crime: 366 1. A copy of an injunction for protection issued to the 367 employee or the employee’s immediate family member; 368 2. A copy of an order of no contact entered by the court in 369 a criminal case in which the defendant was charged with 370 committing a crime against the employee or the employee’s 371 immediate family member, or to which the employee or employee’s 372 immediate family member was otherwise a witness; 373 3. A written certification from a domestic violence center 374 certified under chapter 39 or a rape crisis center as defined in 375 s. 794.055(2) which states that the employee or the employee’s 376 immediate family member was a witness or that the employee’s 377 immediate family member was a victim of homicide; 378 4. A written certification from a government or nonprofit 379 agency or program that receives moneys administered by the 380 Office of the Attorney General to provide services to victims of 381 or witnesses to crime which states that the employee or 382 employee’s immediate family member was a witness or that the 383 employee’s immediate family member was a victim of homicide; 384 5. A copy of a law enforcement report documenting the crime 385 and identifying the employee or the employee’s immediate family 386 member as a witness or identifying the employee’s immediate 387 family member as a victim of homicide; 388 6. A written statement from a marriage and family therapist 389 as defined in s. 394.455, a mental health counselor as defined 390 in 394.455, a physician as defined in s. 458.305(4), a physician 391 assistant as defined in s. 394.455, a psychiatric nurse as 392 defined in s. 394.455, a psychiatrist as defined in s. 394.455, 393 or any other health care practitioner as defined in s. 456.001 394 certifying that the employee or the employee’s immediate family 395 member is receiving or has received treatment as a result of 396 being a witness or as a result of the employee’s immediate 397 family member being a witness, or as a result of the employee’s 398 immediate family member being a victim of homicide; or 399 7. Any other documentation authorized by law, other 400 documentation that is sufficient to reasonably verify that the 401 crime occurred, or documentation that is otherwise acceptable to 402 the employer. 403 (b) An employee seeking leave under this section must, 404 before receiving the leave, exhaust all annual or vacation 405 leave, personal leave, and sick leave, if applicable, that is 406 available to the employee, unless the employer waives this 407 requirement. 408 (c) An employer may require the employee to take leave 409 allowable under this section concurrently with any annual or 410 vacation leave, personal leave, and sick leave, if applicable, 411 that is available to the employee. 412 (d) To the extent allowed by law, employers must maintain 413 the confidentiality of any information relating to a request for 414 leave made by an employee under this section. 415 (5)(a) An employer must provide reasonable work 416 accommodations if requested by an employee who: 417 1. Is a witness; 418 2. Has an immediate family member who is a witness; or 419 3. Has an immediate family member who was a victim of 420 homicide. 421 (b) For the purposes of this subsection, reasonable 422 accommodations may include, but are not limited to, the 423 implementation of safety measures, including a transfer, a 424 reassignment, a modified schedule, a new work telephone number, 425 a new work station, an installed lock, assistance in documenting 426 crime that occurs in the workplace, an implemented safety 427 procedure, or another reasonable adjustment to a job structure, 428 workplace facility, or work requirement. 429 (c) An employer is not required to provide a reasonable 430 accommodation to an employee who has not disclosed his or her 431 status as a witness, as a person with an immediate family member 432 who is a witness, or as a person who has an immediate family 433 member who is a victim of homicide. 434 (d) The employer must engage in a timely, good faith, and 435 interactive process with the employee to determine effective 436 reasonable accommodations. 437 (e) In determining whether the accommodation is reasonable, 438 the employer shall consider any exigent circumstance or danger 439 facing the employee. 440 (f) An employee seeking reasonable accommodations under 441 this subsection must provide to his or her employer sufficient 442 documentation of the crime if requested by the employer. The 443 employer must accept any of the items listed in paragraph (4)(a) 444 as sufficient documentation. 445 (g)1. If circumstances change and an employee needs a new 446 accommodation, the employee must request a new accommodation 447 from the employer. 448 2. Upon receiving such request, the employer shall engage 449 in a timely, good faith, and interactive process with the 450 employee to determine effective reasonable accommodations. 451 (h) If an employee no longer needs such accommodation, the 452 employee must notify the employer that it is no longer needed. 453 (i) An employer may not discharge, demote, suspend, 454 retaliate against, or in any other manner discriminate against 455 an employee for requesting a reasonable accommodation under this 456 subsection, regardless of whether the request is granted. 457 (j) This subsection does not require the employer to 458 undertake an action that constitutes an undue hardship on the 459 employer’s business operations. 460 (k) To the extent allowed by law, an employer must maintain 461 the confidentiality of all information relating to the 462 employee’s request for reasonable accommodations under this 463 subsection. 464 (6)(a) An employer may not interfere with, restrain, or 465 deny the exercise of or any attempt by an employee to exercise 466 any right provided under this section. 467 (b) An employer may not discharge, demote, suspend, 468 retaliate against, or in any other manner discriminate against 469 an employee for exercising his or her rights under this section. 470 (c) An employee has no greater rights to continued 471 employment or to other benefits and conditions of employment 472 than if the employee was not entitled to leave or reasonable 473 accommodations under this section. This section does not limit 474 an employer’s right to discipline or terminate any employee for 475 any reason, including, but not limited to, reductions in 476 workforce or termination for cause or for no reason at all, 477 other than exercising his or her rights under this section. 478 (7) Notwithstanding any other law to the contrary, the sole 479 remedy for any person claiming to be aggrieved by a violation of 480 this section is to bring a civil suit for damages or equitable 481 relief, or both, in circuit court. The person may claim as 482 damages all wages and benefits that would have been due the 483 person up to and including the date of the judgment had the act 484 violating this section not occurred, but the person may not 485 claim wages or benefits for a period of leave granted without 486 pay as provided in paragraph (2)(a). However, this section does 487 not relieve the person from the obligation to mitigate his or 488 her damages. 489 Section 5. This act shall take effect July 1, 2021.