Florida Senate - 2021                                    SB 1596
       
       
        
       By Senator Cruz
       
       
       
       
       
       18-00297A-21                                          20211596__
    1                        A bill to be entitled                      
    2         An act relating to employment practices for family and
    3         medical leave; creating ch. 444, F.S., entitled the
    4         “Florida Family and Medical Leave Act”; providing a
    5         short title; providing legislative findings and
    6         intent; defining terms; requiring an employer to allow
    7         certain employees to take family and medical leave to
    8         bond with a minor child upon the child’s birth,
    9         adoption, or foster care placement; requiring an
   10         employee to take certain actions in order to receive
   11         family and medical leave; prohibiting an employer from
   12         taking adverse action against an employee who requests
   13         or obtains family and medical leave; specifying
   14         limitations and duties related to an employer’s
   15         administration of family and medical leave; requiring
   16         that family and medical leave be taken concurrently
   17         with any leave taken under federal family and medical
   18         leave law; requiring an employer to provide notice to
   19         employees of certain rights relating to family and
   20         medical leave; prescribing notice requirements;
   21         requiring the Department of Economic Opportunity to
   22         create a model notice that specifies an employee’s
   23         rights related to family and medical leave and family
   24         and medical leave insurance benefits; specifying
   25         circumstances under which an employer is deemed in
   26         compliance with notice requirements; providing a civil
   27         penalty for an employer’s failure to comply with the
   28         notice requirements; requiring the executive director
   29         of the department to conduct an investigation upon
   30         receiving a written complaint from an employee;
   31         establishing rebuttable presumptions that an employer
   32         has violated certain provisions of ch. 444, F.S.,
   33         under specified circumstances; authorizing the
   34         executive director to take certain actions in the
   35         event of specified violations; authorizing an employee
   36         to file a civil action against an employer for a
   37         violation; providing a timeframe for filing such
   38         action; authorizing the award of specified
   39         compensation, damages, and fees; providing a civil
   40         penalty; prohibiting an employee from taking certain
   41         actions in bad faith; providing a criminal penalty;
   42         entitling an employee to an intermittent or reduced
   43         leave schedule if certain conditions are met;
   44         requiring the department to establish a family and
   45         medical leave insurance benefits program by a
   46         specified date; specifying duties of the department
   47         related to the program; providing that certain
   48         information is confidential; providing exceptions;
   49         providing for the amount and duration of family and
   50         medical leave insurance benefits that are payable
   51         under the program; requiring the department to
   52         establish a system for appealing a denial of family
   53         and medical leave insurance benefits; requiring the
   54         department to take action to ensure the
   55         confidentiality of certain information on appeal;
   56         authorizing an aggrieved party to file a civil action
   57         for a denial of family and medical leave insurance
   58         benefits; specifying when a covered individual is
   59         disqualified from family and medical leave insurance
   60         benefits; providing liability for the payment of
   61         benefits to the department under certain
   62         circumstances; requiring the Department of Financial
   63         Services to collect payroll contributions beginning on
   64         a specified date; providing requirements relating to
   65         such contributions; authorizing a self-employed person
   66         to elect coverage for family and medical leave
   67         insurance benefits; providing when a self-employed
   68         person may withdraw from coverage; requiring the
   69         Department of Economic Opportunity to provide certain
   70         notice if the Internal Revenue Service determines
   71         family and medical leave insurance benefits are
   72         subject to federal income tax; requiring the
   73         department to submit an annual report to the
   74         Legislature containing specified information;
   75         requiring the department to conduct a public education
   76         campaign relating to family and medical leave and
   77         insurance benefits; authorizing the department to
   78         adopt rules; providing construction; amending s.
   79         760.10, F.S.; revising the Florida Civil Rights Act of
   80         1992 to prohibit specified employment practices on the
   81         basis of pregnancy, childbirth, or a medical condition
   82         related to pregnancy or childbirth; providing
   83         construction; reenacting and amending s. 760.11(1),
   84         F.S., relating to administrative and civil remedies
   85         for violations of the Florida Civil Rights Act of
   86         1992; conforming a cross-reference; providing an
   87         effective date.
   88          
   89  Be It Enacted by the Legislature of the State of Florida:
   90  
   91         Section 1. Chapter 444, Florida Statutes, consisting of
   92  sections 444.001-444.019, is created to read:
   93                             CHAPTER 444                           
   94              THE FLORIDA FAMILY AND MEDICAL LEAVE ACT             
   95         444.001Short title.—This chapter may be cited as the
   96  “Florida Family and Medical Leave Act.”
   97         444.002Legislative findings and intent.—The Legislature
   98  finds that it is in the public interest to provide paid family
   99  and medical leave to employees for the birth, adoption, or
  100  foster care placement of a new child. The need for paid family
  101  and medical leave has increased as the participation of both
  102  parents in the workforce has increased and the number of single
  103  parents has grown. Despite knowing the importance of time spent
  104  bonding with a new child, the majority of employees in this
  105  state are unable to take family and medical leave because they
  106  are unable to afford leave without pay. When an employee does
  107  not receive income during a leave of absence, his or her family
  108  suffers as a result of the employee’s loss of income, increasing
  109  demand on the state’s reemployment assistance program and
  110  dependence on the state’s welfare system. Therefore, in an
  111  effort to assist employees in reconciling the demands of work
  112  and family, the Legislature intends to require employers to
  113  allow employees to take paid family and medical leave to bond
  114  with their minor child during the first 12 months after the
  115  birth, adoption, or foster care placement of a new child.
  116         444.003Definitions.—As used in this chapter, the term:
  117         (1)“Adverse action” includes:
  118         (a)Discharge.
  119         (b)Demotion.
  120         (c)Suspension.
  121         (d)Reduction of hours.
  122         (e)Threat of discharge, demotion, suspension, or reduction
  123  of hours.
  124         (f)Any other retaliatory action that results in a change
  125  in the terms or conditions of employment which would dissuade a
  126  reasonable employee from exercising a right under this chapter.
  127         (2)“Child” means a biological, adopted, or foster son or
  128  daughter or a stepson or stepdaughter of an employee. The term
  129  includes a legal ward of an employee and a person to whom the
  130  employee stands in loco parentis.
  131         (3)“Covered individual” means a person who:
  132         (a)Meets the qualifying requirements set forth in s.
  133  443.111(2) or, if a person’s employment does not generate income
  134  measured for purposes of reemployment assistance benefits,
  135  equivalent eligibility criteria determined by the department;
  136         (b)Is self-employed, elects coverage, and meets the
  137  requirements of s. 444.013;
  138         (c)Meets the administrative requirements in this chapter
  139  and established by the department; or
  140         (d)Submits an application for insurance benefits.
  141         (4)“Department” means the Department of Economic
  142  Opportunity.
  143         (5)“Employee” means a person who performs services for
  144  hire for an employer. The term includes all individuals employed
  145  at any site owned or operated by an employer. The term does not
  146  include an independent contractor.
  147         (6)“Employer” means a person employing one or more
  148  employees for each working day in each of 20 or more calendar
  149  weeks in the current or preceding calendar year, and any
  150  representative of such person.
  151         (7)“Executive director” means the executive director of
  152  the Department of Economic Opportunity.
  153         (8)“Family and medical leave” means a paid leave of
  154  absence from employment given to an employee because of the
  155  birth, adoption, or foster care placement of a new child.
  156         (9)“Family and medical leave insurance benefits” or
  157  “insurance benefits” means the benefits provided under this
  158  chapter.
  159         (10)“Health care provider” means a hospital or ambulatory
  160  surgical center as defined and licensed under chapter 395; a
  161  birth center licensed under chapter 383; or a person licensed
  162  under chapter 458, chapter 459, chapter 460, chapter 461,
  163  chapter 462, chapter 463, part I of chapter 464, chapter 466,
  164  chapter 467, part XIV of chapter 468, or chapter 486.
  165         444.004Eligibility for family and medical leave.—
  166         (1)Beginning July 1, 2021, family and medical leave is
  167  available to an employee who needs paid leave to bond with his
  168  or her child during the first 12 months after the birth of the
  169  child or the placement of the child with the employee through
  170  the foster care system or by adoption.
  171         (2)The family and medical leave must be without diminution
  172  of any privilege, benefit, or right arising out of the person’s
  173  employment.
  174         (3)In order to receive family and medical leave, an
  175  employee must:
  176         (a)Notify his or her employer at least 30 days before the
  177  first day of leave or as soon as practicable if the need for
  178  leave is not foreseeable or it is otherwise not possible for the
  179  employee to provide 30 days’ notice.
  180         (b)Notify the employer of the anticipated duration of the
  181  leave.
  182         (4)An employer may not take adverse action against an
  183  employee for requesting or obtaining family and medical leave
  184  authorized under this section.
  185         (5)An employer shall retain a record of family and medical
  186  leave taken by an employee for at least 3 years. After giving
  187  the employer notice and determining a mutually agreeable time
  188  for inspection, the executive director may inspect the record
  189  for the purpose of determining the employer’s compliance with
  190  this section. If an employer fails to retain a record as
  191  required under this subsection or to allow the executive
  192  director to inspect such records, the executive director may
  193  take action under s. 444.006(3).
  194         (6)Family and medical leave taken under this section must
  195  be taken concurrently with leave taken under the Family Medical
  196  Leave Act.
  197         (7)An employer shall maintain and pay for coverage for a
  198  group health plan as defined in s. 5000(b)(1) of the Internal
  199  Revenue Code for an eligible employee who takes family and
  200  medical leave under this section at the level and under the
  201  conditions that coverage would have been provided if the
  202  employee had continuously worked for the duration of the leave.
  203         (8)An employer must return an employee to the same
  204  position after the period of leave to which the employee is
  205  entitled has expired. If the same position is no longer
  206  available, an employer must offer the employee a position that
  207  is comparable in terms of pay, location, job content, and
  208  advancement opportunities.
  209         (9)An employer may not otherwise interfere with, restrain,
  210  or deny the exercise of, or the attempt to exercise, any right
  211  provided under this chapter.
  212         444.005Notice requirements.—
  213         (1)An employer shall notify his or her employees that they
  214  are entitled to family and medical leave and, upon
  215  implementation of the family and medical leave insurance
  216  benefits program, family and medical leave insurance benefits at
  217  the time the employee is hired and annually thereafter.
  218         (2)The notice must include all of the following:
  219         (a)The purposes for which the employer is required to
  220  allow an employee to take family and medical leave.
  221         (b)A statement regarding the prohibition of the employer
  222  taking adverse action against an employee who exercises a right
  223  under this chapter.
  224         (c)Once implemented, information regarding the family and
  225  medical leave insurance benefits program and how an employee may
  226  apply for those benefits.
  227         (d)Information regarding the right of an employee to
  228  report an alleged violation of this chapter by the employer to
  229  the executive director or to bring a civil action under s.
  230  444.006.
  231         (3)The department shall create and make available to
  232  employers a model notice that employers may use to comply with
  233  subsection (1). The model notice must be printed in English,
  234  Spanish, Haitian Creole, and any other language the executive
  235  director determines is necessary to notify employees of the
  236  rights under this chapter.
  237         (4)An employer is deemed to be in compliance with
  238  subsection (1) by:
  239         (a)Displaying the notice in a conspicuous and accessible
  240  area at the site where employees work;
  241         (b)Including the notice in an employee handbook or other
  242  written guide for employees concerning employee benefits or
  243  leave provided by the employer; or
  244         (c)Providing the notice to each employee at the time of
  245  initial hiring.
  246         (5)In lieu of posting the notice, an employer may
  247  distribute the notice to employees by electronic means.
  248         (6)An employer who violates this section is subject to a
  249  civil penalty of not more than $500 for the first violation and
  250  not more than $1,000 for each subsequent violation.
  251         444.006Violations of chapter; civil action; penalties.—
  252         (1) Upon receiving a written complaint from an employee,
  253  the executive director shall conduct an investigation to
  254  determine whether the employer has violated this chapter.
  255         (2)(a) There is a rebuttable presumption that an employer
  256  has violated this chapter if the employer takes adverse action
  257  against an employee within 90 days after the employee:
  258         1. Files a complaint with the executive director alleging a
  259  violation of this chapter or files a civil action under this
  260  section;
  261         2. Informs a person about an alleged violation of this
  262  chapter by his or her employer;
  263         3. Cooperates with the executive director or another person
  264  in the investigation or prosecution of an alleged violation of
  265  this chapter by his or her employer;
  266         4. Opposes a policy or practice of his or her employer or
  267  an act committed by the employer which is prohibited under this
  268  chapter; or
  269         5. Takes or requests family and medical leave under this
  270  chapter.
  271         (b) The rebuttable presumption may be overcome by clear and
  272  convincing evidence.
  273         (3) If the executive director determines that a violation
  274  of this chapter has occurred, the executive director may:
  275         (a) With the written consent of the employee, attempt to
  276  informally resolve any pertinent issue through mediation;
  277         (b) With the written consent of the employee, request that
  278  the Attorney General file a civil action on behalf of the
  279  employee in accordance with this section; or
  280         (c) File a civil action on behalf of an employee in the
  281  county in which the violation occurred.
  282         (4) An employee may file a civil action in a court of
  283  competent jurisdiction against his or her employer for a
  284  violation of this chapter regardless of whether the employee has
  285  first filed a complaint with the executive director.
  286         (5) A civil action under subsection (3) or subsection (4)
  287  must be filed within 3 years after the occurrence of the act
  288  upon which the action is based.
  289         (6)(a) If a court finds that an employer violated this
  290  chapter in an action brought under subsection (3) or subsection
  291  (4), the court may award the employee:
  292         1. The full monetary value of any unpaid family and medical
  293  leave that the employee was unlawfully denied.
  294         2. Actual economic damages suffered by the employee as a
  295  result of the employer’s violation of this chapter.
  296         3. An additional amount not exceeding three times the
  297  damages awarded under subparagraph 2.
  298         4. Reasonable attorney fees and other costs.
  299         5. Any other relief the court deems appropriate, including
  300  reinstatement of employment, back pay, and injunctive relief.
  301         (b) If the full monetary value of any unpaid family and
  302  medical leave of an employee is recovered under this subsection,
  303  such leave must be paid to the employee without cost to the
  304  employee.
  305         (c) If the action was filed by the Attorney General under
  306  paragraph (3)(b), the court may order the employer to pay $1,000
  307  per violation to the state.
  308         (7) An employee may not file a complaint in bad faith with
  309  the executive director alleging a violation of this chapter or
  310  file a civil action or testify in bad faith in an action under
  311  this section. An employee who violates this subsection commits a
  312  misdemeanor of the first degree, punishable as provided in s.
  313  775.082 or s. 775.083.
  314         444.007 Reduced leave schedule.—
  315         (1) An employee is entitled, at his or her discretion, to
  316  take family and medical leave on an intermittent or reduced
  317  leave schedule where all of the leave authorized under this
  318  chapter is not taken sequentially. Family and medical leave
  319  insurance benefits for intermittent or reduced leave schedules
  320  shall be prorated.
  321         (2) An employee shall make reasonable efforts to schedule
  322  family and medical leave under this section so as to not unduly
  323  disrupt the operations of the employer. The employee shall
  324  provide the employer with advance notice of his or her
  325  intermittent or reduced leave schedule to the extent
  326  practicable. Family and medical leave taken under this section
  327  may not result in a reduction of the total amount of leave to
  328  which a covered individual is entitled beyond the amount of
  329  leave actually taken.
  330         (3) This section does not entitle an employee to more
  331  family and medical leave than required under this chapter.
  332         444.008 Family and medical leave insurance benefits
  333  program.—
  334         (1) By January 1, 2022, the department shall establish a
  335  family and medical leave insurance benefits program. By January
  336  1, 2023, the department may begin receiving applications from,
  337  and paying family and medical leave insurance benefits to,
  338  covered individuals.
  339         (2) The department shall establish reasonable procedures
  340  and create forms for filing applications for insurance benefits
  341  under this chapter. The department must specify what
  342  documentation is necessary to support a claim for insurance
  343  benefits, including documentation from a health care provider
  344  attesting that the covered individual needs family and medical
  345  leave.
  346         (3) The department shall notify the employer within 5
  347  business days after an application for family and medical leave
  348  insurance benefits has been filed.
  349         (4) With the written consent of the covered individual, the
  350  department may use information sharing and integration
  351  technology to facilitate the disclosure of relevant information
  352  or records.
  353         (5) Any information and records pertaining to a covered
  354  individual that are confidential under state law must remain
  355  confidential and may not be disclosed without the consent of the
  356  individual or his or her representative. Appropriate disclosure
  357  may be made without such consent to department personnel in the
  358  performance of their official duties.
  359         444.009 Amount and duration of insurance benefits.—
  360         (1) The amount of family and medical leave insurance
  361  benefits shall be determined as follows:
  362         (a) The weekly benefit is 75 percent of the covered
  363  individual’s average weekly wages during the 12 months before he
  364  or she submitted an application for benefits, or, if the covered
  365  individual worked fewer than 12 months, the covered individual’s
  366  average weekly wages during the time the covered individual
  367  worked, subject to the limits in paragraph (c).
  368         (b) The minimum weekly benefit may not be less than $100
  369  per week. If the covered individual’s average weekly wage is
  370  less than $100 per week, the minimum weekly benefit is the same
  371  as the covered individual’s full weekly wage.
  372         (c) The maximum weekly benefit is $1,000 for the first year
  373  in which benefits are paid, and shall be adjusted annually
  374  thereafter to equal 100 percent of the statewide average weekly
  375  wage as defined in s. 440.12(2). The adjusted maximum weekly
  376  benefit amount takes effect January 1st of the following year.
  377         (d) Family and medical leave insurance benefits are not
  378  payable for fewer than 8 hours in any one work week.
  379         (2) The maximum number of weeks that family and medical
  380  leave insurance benefits are payable is 12 weeks per year,
  381  regardless of whether the application for benefits is for a
  382  single purpose or a combination of purposes.
  383         (3) The first benefits must be paid to a covered individual
  384  within 2 weeks after the application is filed. Subsequent
  385  benefits must be paid every 2 weeks.
  386         (4) For purposes of this chapter, an application year is
  387  the 12-month period beginning on Monday of the week in which a
  388  covered individual files an application for family and medical
  389  leave insurance benefits.
  390         444.01 Appeals.—
  391         (1) The department shall establish a system for appealing a
  392  denial of family and medical leave insurance benefits. The
  393  department may utilize any and all procedures and mechanisms
  394  available in establishing the system.
  395         (2) The department shall implement procedures to ensure
  396  confidentiality of all information related to applications filed
  397  or appeals taken for family and medical leave insurance benefits
  398  to the greatest extent permissible by law.
  399         (3) An aggrieved party may file a civil action in a court
  400  of competent jurisdiction after he or she has exhausted all
  401  available administrative remedies established by the department.
  402         444.011 Erroneous payments and disqualifications for
  403  insurance benefits.—
  404         (1) A covered individual is disqualified from family and
  405  medical leave insurance benefits for 1 year if the department
  406  determines that he or she willfully or intentionally made a
  407  false statement or misrepresentation regarding a material fact
  408  or withheld a material fact to obtain insurance benefits under
  409  this chapter.
  410         (2) A covered individual who receives insurance benefits
  411  under this chapter for any reason to which he or she is not
  412  entitled is liable for repaying those benefits to the
  413  department. The department may waive, in whole or in part, the
  414  amount of the benefits to be repaid where recovery would be
  415  against equity and good conscience.
  416         444.012Contributions.—
  417         (1)Beginning January 1, 2022, the Department of Financial
  418  Services shall collect payroll contributions from employers and
  419  employees and deposit the contributions into the Family and
  420  Medical Leave Insurance Benefits Fund.
  421         (2)Employers and employees shall pay contributions in a
  422  one-to-one ratio and in an amount to be determined by the
  423  Department of Financial Services. The Department of Financial
  424  Services shall annually evaluate the amount of payroll
  425  contributions necessary to finance the family and medical leave
  426  insurance benefits program and adjust contribution rates
  427  accordingly.
  428         444.013 Elective coverage.—
  429         (1) A self-employed person, including a sole proprietor,
  430  partner, or joint venturer, may elect insurance coverage under
  431  this chapter for an initial period of at least 3 years. The
  432  self-employed person must file a notice of election in writing
  433  with the department, as required by rule. The election becomes
  434  effective on the date the notice of election is filed. The self
  435  employed person is required to supply any information concerning
  436  income that the department determines by rule is necessary.
  437         (2) A self-employed person who has elected coverage may
  438  withdraw from coverage within 30 days after the end of the
  439  coverage period, or at such other time as the department may
  440  prescribe by rule, by filing a written notice of withdrawal with
  441  the department. A withdrawal from coverage may not take effect
  442  sooner than 30 days after filing the notice of withdrawal.
  443         444.014 Federal income tax.—If the Internal Revenue Service
  444  determines that family and medical leave insurance benefits
  445  provided under this chapter are subject to federal income tax,
  446  the department must advise a covered individual at the time he
  447  or she files an application for insurance benefits that:
  448         (1) The Internal Revenue Service has determined that
  449  insurance benefits under this chapter are subject to federal
  450  income tax.
  451         (2) Requirements exist pertaining to estimated tax
  452  payments.
  453         (3) The covered individual may elect to have federal income
  454  tax deducted and withheld from his or her payment of insurance
  455  benefits in the amount specified in the Internal Revenue Code.
  456         (4) The covered individual is permitted to change a
  457  previously elected withholding status.
  458         444.016 Reports.—Beginning January 1, 2024, the department
  459  shall submit to the Legislature by April 1 of each year a report
  460  on projected and actual family and medical leave insurance
  461  benefits program participation broken down by purpose; gender,
  462  race, ethnicity, and age of each beneficiary; amount of benefits
  463  paid to each beneficiary per week; premium rates; Family and
  464  Medical Leave Insurance Benefits Fund balances; and public
  465  education efforts.
  466         444.017 Public education.—The department shall conduct a
  467  public education campaign to inform employees and employers of
  468  the availability of family and medical leave and insurance
  469  benefits. Such information must be available in English,
  470  Spanish, Haitian Creole, and any other language the executive
  471  director determines is necessary.
  472         444.018 Rules.—The department may adopt rules to implement
  473  and administer this chapter.
  474         444.019 Construction.—
  475         (1) This chapter does not diminish an employer’s obligation
  476  to comply with a collective bargaining agreement, a contract, an
  477  employee benefit plan, or an employer policy, as applicable,
  478  which requires leave in excess of that required under this
  479  chapter for the birth, adoption, or foster care placement of a
  480  new child.
  481         (2) An employee’s right to family and medical leave and
  482  insurance benefits under this chapter may not be diminished by a
  483  collective bargaining agreement entered into or renewed, or an
  484  employer policy adopted or retained, on or after January 1,
  485  2022. Any agreement by an employee to waive his or her rights
  486  under this chapter is deemed against public policy and is void
  487  and unenforceable.
  488         Section 2. Present subsections (2) through (10) of section
  489  760.10, Florida Statutes, are redesignated as subsections (3)
  490  through (11), respectively, and a new subsection (2) is added to
  491  that section, to read:
  492         760.10 Unlawful employment practices.—
  493         (2) In addition to the provisions governing pregnancy under
  494  subsection (1), it is an unlawful employment practice for an
  495  employer to:
  496         (a) Refuse to allow an employee disabled by pregnancy,
  497  childbirth, or a medical condition related to pregnancy or
  498  childbirth to take unpaid leave for a period, not to exceed 4
  499  months, during which the employee is disabled on account of
  500  pregnancy, childbirth, or a medical condition related to
  501  pregnancy or childbirth. An employee is entitled to use any
  502  accrued vacation leave in order to receive compensation during
  503  the unpaid period of leave. An employer may require an employee
  504  who plans to take leave under this paragraph to provide the
  505  employer reasonable notice of the date the leave will commence
  506  and the estimated duration of the leave.
  507         (b) Refuse to maintain and pay for coverage for a group
  508  health plan as defined in s. 5000(b)(1) of the Internal Revenue
  509  Code for an eligible employee who takes leave under paragraph
  510  (a) at the level and under the conditions that coverage would
  511  have been provided if the employee had continuously worked for
  512  the duration of the leave. This paragraph does not preclude an
  513  employer from maintaining and paying for coverage under a group
  514  health plan for a period exceeding 4 months. An employer may
  515  recover the premium that the employer paid for maintaining
  516  coverage as required under this paragraph if:
  517         1. The employee fails to return to work after the period of
  518  leave to which the employee is entitled has expired.
  519         2. The employee’s failure to return to work is for a reason
  520  other than the employee taking family and medical leave under
  521  chapter 444 or other than the continuation, recurrence, or onset
  522  of a medical condition that entitles the employee to leave under
  523  paragraph (a) or circumstances beyond the employee’s control.
  524         (c) Refuse to provide reasonable accommodation for an
  525  employee, if she so requests with the advice of her health care
  526  provider, for pregnancy, childbirth, or a medical condition
  527  related to pregnancy or childbirth. As an accommodation, and
  528  with the advice of her health care provider, an employee may
  529  request a transfer to a less strenuous or hazardous position for
  530  the duration of her pregnancy. This paragraph does not require
  531  an employer to create additional employment duties that the
  532  employer would not otherwise have created, to discharge another
  533  employee, to transfer an employee who has more seniority, or to
  534  promote an employee who is not qualified to perform certain
  535  duties.
  536         (d) Refuse to return an employee to the same position after
  537  the period of leave to which the employee is entitled has
  538  expired. If her same position is no longer available, an
  539  employer must offer the employee a position that is comparable
  540  in terms of pay, location, job content, and advancement
  541  opportunities, unless the employer can prove that no comparable
  542  position exists.
  543         (e) Otherwise interfere with, restrain, or deny the
  544  exercise of, or the attempt to exercise, any right provided
  545  under this subsection.
  546  
  547  This subsection may not be construed to affect any other
  548  provision of law relating to pregnancy, or in any way to
  549  diminish the coverage of pregnancy, childbirth, or a medical
  550  condition related to pregnancy or childbirth under any other
  551  law, including chapter 444. An employee is entitled to take
  552  leave under this subsection in addition to any family and
  553  medical leave the employee may be eligible to receive under
  554  chapter 444.
  555         Section 3. Subsection (1) of section 760.11, Florida
  556  Statutes, is reenacted and amended to read:
  557         760.11 Administrative and civil remedies; construction.—
  558         (1) Any person aggrieved by a violation of ss. 760.01
  559  760.10 may file a complaint with the commission within 365 days
  560  of the alleged violation, naming the employer, employment
  561  agency, labor organization, or joint labor-management committee,
  562  or, in the case of an alleged violation of s. 760.10(6) s.
  563  760.10(5), the person responsible for the violation and
  564  describing the violation. Any person aggrieved by a violation of
  565  s. 509.092 may file a complaint with the commission within 365
  566  days of the alleged violation naming the person responsible for
  567  the violation and describing the violation. The commission, a
  568  commissioner, or the Attorney General may in like manner file
  569  such a complaint. On the same day the complaint is filed with
  570  the commission, the commission shall clearly stamp on the face
  571  of the complaint the date the complaint was filed with the
  572  commission. In lieu of filing the complaint with the commission,
  573  a complaint under this section may be filed with the federal
  574  Equal Employment Opportunity Commission or with any unit of
  575  government of the state which is a fair-employment-practice
  576  agency under 29 C.F.R. ss. 1601.70-1601.80. If the date the
  577  complaint is filed is clearly stamped on the face of the
  578  complaint, that date is the date of filing. The date the
  579  complaint is filed with the commission for purposes of this
  580  section is the earliest date of filing with the Equal Employment
  581  Opportunity Commission, the fair-employment-practice agency, or
  582  the commission. The complaint shall contain a short and plain
  583  statement of the facts describing the violation and the relief
  584  sought. The commission may require additional information to be
  585  in the complaint. The commission, within 5 days of the complaint
  586  being filed, shall by registered mail send a copy of the
  587  complaint to the person who allegedly committed the violation.
  588  The person who allegedly committed the violation may file an
  589  answer to the complaint within 25 days of the date the complaint
  590  was filed with the commission. Any answer filed shall be mailed
  591  to the aggrieved person by the person filing the answer. Both
  592  the complaint and the answer shall be verified.
  593         Section 4. This act shall take effect July 1, 2021.