Florida Senate - 2019                                     SB 990
       
       
        
       By Senator Gibson
       
       
       
       
       
       6-01404A-19                                            2019990__
    1                        A bill to be entitled                      
    2         An act relating to unemployment compensation; amending
    3         s. 443.101, F.S.; making editorial changes;
    4         prohibiting certain victims of domestic violence from
    5         being disqualified for benefits for voluntarily
    6         leaving work; prohibiting the employment record of an
    7         employing unit from being charged in certain
    8         circumstances; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Paragraph (a) of subsection (1) of section
   13  443.101, Florida Statutes, is amended to read:
   14         443.101 Disqualification for benefits.—An individual shall
   15  be disqualified for benefits:
   16         (1)(a) For the week in which he or she has voluntarily left
   17  work without good cause attributable to his or her employing
   18  unit or for the week in which he or she has been discharged by
   19  the employing unit for misconduct connected with his or her
   20  work, based on a finding by the Department of Economic
   21  Opportunity. As used in this paragraph, the term “work” means
   22  any work, whether full-time, part-time, or temporary.
   23         1. Disqualification for voluntarily quitting continues for
   24  the full period of unemployment next ensuing after the
   25  individual has left his or her full-time, part-time, or
   26  temporary work voluntarily without good cause and until the
   27  individual has earned income equal to or greater than 17 times
   28  his or her weekly benefit amount. As used in this subsection,
   29  the term “good cause” includes only that cause attributable to
   30  the employing unit which would compel a reasonable employee to
   31  cease working or attributable to the individual’s illness or
   32  disability requiring separation from his or her work. Additional
   33  disqualifications Any other disqualification may not be imposed.
   34         2. An individual is not disqualified under this subsection
   35  for:
   36         a. Voluntarily leaving temporary work to return immediately
   37  when called to work by the permanent employing unit that
   38  temporarily terminated his or her work within the previous 6
   39  calendar months;
   40         b. , or for Voluntarily leaving work to relocate as a
   41  result of his or her military-connected spouse’s permanent
   42  change of station orders, activation orders, or unit deployment
   43  orders; or
   44         c.Voluntarily leaving work if he or she proves that his or
   45  her discontinued employment is a direct result of circumstances
   46  related to domestic violence as defined in s. 741.28. An
   47  individual who voluntarily leaves work under this sub
   48  subparagraph must:
   49         (I)Make reasonable efforts to preserve employment or to
   50  decrease the risk of future incidents of domestic violence. Such
   51  efforts may include seeking a protective injunction, relocating
   52  to a secure place, or seeking reasonable accommodation from the
   53  employing unit, such as a transfer or change of assignment;
   54         (II)Provide evidence such as an injunction, a protective
   55  order, or other documentation authorized by state law which
   56  reasonably proves that domestic violence has occurred; and
   57         (III)Reasonably believe that he or she is likely to be the
   58  victim of a future act of domestic violence at, in transit to,
   59  or departing from his or her place of employment. An individual
   60  who is otherwise eligible for benefits under this sub
   61  subparagraph is ineligible for each week that he or she no
   62  longer meets such criteria or refuses a reasonable accommodation
   63  offered in good faith by his or her employing unit.
   64         3.The employment record of an employing unit may not be
   65  charged for the payment of benefits to an individual who has
   66  voluntarily left work under this paragraph.
   67         4.2. Disqualification for being discharged for misconduct
   68  connected with his or her work continues for the full period of
   69  unemployment next ensuing after having been discharged and until
   70  the individual is reemployed and has earned income of at least
   71  17 times his or her weekly benefit amount and for not more than
   72  52 weeks immediately following that week, as determined by the
   73  department in each case according to the circumstances or the
   74  seriousness of the misconduct, under the department’s rules
   75  adopted for determining determinations of disqualification for
   76  benefits for misconduct.
   77         5.3. If an individual has provided notification to the
   78  employing unit of his or her intent to voluntarily leave work
   79  and the employing unit discharges the individual for reasons
   80  other than misconduct before the date the voluntary quit was to
   81  take effect, the individual, if otherwise entitled, shall
   82  receive benefits from the date of the employer’s discharge until
   83  the effective date of his or her voluntary quit.
   84         6.4. If an individual is notified by the employing unit of
   85  the employer’s intent to discharge the individual for reasons
   86  other than misconduct and the individual quits without good
   87  cause before the date the discharge was to take effect, the
   88  claimant is ineligible for benefits pursuant to s. 443.091(1)(d)
   89  for failing to be available for work for the week or weeks of
   90  unemployment occurring before the effective date of the
   91  discharge.
   92         Section 2. This act shall take effect July 1, 2019.