House Bill 2081

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    Florida House of Representatives - 2000                HB 2081

        By Representatives Littlefield, Feeney and Roberts






  1                      A bill to be entitled

  2         An act relating to adoption benefits for state

  3         employees; creating s. 110.152, F.S.; providing

  4         a monetary benefit for a state employee who

  5         adopts a child or a special needs child;

  6         defining "special needs child" for purposes of

  7         the act; providing procedure; providing for

  8         eligibility for parental leave; providing

  9         conditions of such leave; amending s. 110.221,

10         F.S.; clarifying provisions with respect to

11         commencement of parental leave; providing

12         conforming provisions; providing an effective

13         date.

14

15  Be It Enacted by the Legislature of the State of Florida:

16

17         Section 1.  Section 110.152, Florida Statutes, is

18  created to read:

19         110.152  Adoption benefits for state employees;

20  parental leave.--

21         (1)(a)  Any employee of the state who adopts a special

22  needs child, as defined in paragraph (b), shall be entitled to

23  a monetary benefit in the amount of $10,000.  Any employee of

24  the state who adopts a child, other than a special needs child

25  as defined in paragraph (b), shall be entitled to a monetary

26  benefit of $5,000.

27         (b)  For purposes of this section, a "special needs

28  child" is a child whose permanent custody has been awarded to

29  the Department of Children and Family Services or to a

30  licensed child-placing agency and is not likely to be adopted

31  because he or she is:

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    Florida House of Representatives - 2000                HB 2081

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  1         1.  Eight years of age or older.

  2         2.  A person with a developmental disability.

  3         3.  A person with a physical or emotional handicap.

  4         4.  Of a minority race or of a racially mixed heritage.

  5         5.  A member of a sibling group of any age, provided

  6  two or more members of a sibling group remain together for the

  7  purposes of adoption.

  8         (2)  An employee of the state who adopts a child or a

  9  special needs child must apply to his or her agency head to

10  obtain the monetary benefit provided in subsection (1).

11  Applications shall be on forms approved by the department and

12  must include a certified copy of the final order of adoption

13  naming the applicant as the adoptive parent.

14         (3)  Nothing in this section shall affect the right of

15  any state employee who adopts a special needs child to receive

16  financial aid for adoption expenses pursuant to s. 409.166 or

17  any other statute which provides financial incentives for the

18  adoption of children.

19         (4)  Any employee of the state who adopts a child or a

20  special needs child and who is the legal guardian of the

21  adopted child and resides in the same household as the adopted

22  child shall, upon adoption, be granted parental leave for a

23  period not to exceed 6 months as provided in s. 110.221.  The

24  parental leave shall commence on the first day the child is

25  taken into the custody of the adoptive parent following

26  execution of the final order of adoption by a court of

27  competent jurisdiction.  Parental leave granted under this

28  section shall be paid leave for the first 6 weeks and unpaid

29  leave for the remainder of the parental leave period.  If the

30  employee is a salaried employee, the salary of the employee

31  during the period of parental leave shall be consistent with

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    Florida House of Representatives - 2000                HB 2081

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  1  the employee's normal rate of pay prior to the commencement of

  2  parental leave.

  3         (5)  A state employee who is the adoptive parent of a

  4  child or a special needs child and is on parental leave as

  5  provided in subsection (4) shall:

  6         (a)  Remain eligible to receive employer-paid benefits.

  7         (b)  Continue to accrue paid leave time as if he or she

  8  were on active employment status.

  9         (c)  Be allowed to utilize available sick leave

10  balances in order to receive pay during the unpaid portion of

11  the 6-month parental leave period.

12         (d)  If receiving disability benefits prior to the

13  adoption, continue to receive disability benefits during the

14  parental leave period for the duration of the disabling

15  condition.  However, disability benefits or pay received

16  during the first 6 weeks of parental leave shall not be

17  doubled.

18         (e)  Not be eligible for overtime or holiday pay.

19  However, a holiday that occurs during the parental leave

20  period shall be counted as part of the parental leave and

21  shall be a paid holiday if the employee is on active status on

22  the day preceding the holiday.

23         Section 2.  Section 110.221, Florida Statutes, is

24  amended to read:

25         110.221  Parental or family medical leave.--

26         (1)  As used in this section, the term "family" means a

27  child, parent, or spouse, and the term "family medical leave"

28  means leave requested by an employee for a serious family

29  illness including an accident, disease, or condition that

30  poses imminent danger of death, requires hospitalization

31  involving an organ transplant, limb amputation, or other

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    Florida House of Representatives - 2000                HB 2081

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  1  procedure of similar severity, or any mental or physical

  2  condition that requires constant in-home care.  The term

  3  "parental leave" means leave for the father or mother of a

  4  child who is born to or adopted by that parent.

  5         (2)  The state shall not:

  6         (a)  Terminate the employment of any employee in the

  7  career service because of the pregnancy of the employee or the

  8  employee's spouse or the adoption of a child by that employee.

  9         (b)  Refuse to grant to a career service employee

10  parental or family medical leave without pay for a period not

11  to exceed 6 months.  Such leave shall commence on a date that

12  is determined by the employee in consultation with the

13  attending physician following notification to the employer in

14  writing, and that is approved by the employer or, in the case

15  of adoption, on the first day the child is taken into the

16  custody of the adoptive parent after execution of the final

17  order of adoption by the court, following notification to the

18  employer in writing, and approval by the employer.

19         (c)  Deny a career service employee the use of and

20  payment for annual leave credits for parental or family

21  medical leave.  Such leave shall commence on a date determined

22  by the employee in consultation with the attending physician

23  following notification to the employer in writing or, in the

24  case of adoption, on the first day the child is taken into the

25  custody of the adoptive parent after execution of the final

26  order of adoption by the court, following notification to the

27  employer in writing.

28         (d)  Deny a career service employee the use of and

29  payment for accrued sick leave or family sick leave for any

30  reason deemed necessary by a physician or as established by

31  policy.

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    Florida House of Representatives - 2000                HB 2081

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  1         (e)  Require that a career service employee take a

  2  mandatory parental or family medical leave.

  3         (3)  Any employee of the state who adopts a child shall

  4  be subject to the conditions regarding parental leave set

  5  forth in s. 110.152.

  6         (4)(3)  Upon returning at the end of parental or family

  7  medical leave of absence, such employee shall be reinstated to

  8  the same job or to an equivalent position with equivalent pay

  9  and with seniority, retirement, fringe benefits, and other

10  service credits accumulated prior to the leave period. If any

11  portion of the parental or family medical leave is paid leave,

12  the employee shall be entitled to accumulate all benefits

13  granted under paid leave status.

14         Section 3.  This act shall take effect July 1, 2000.

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17                          HOUSE SUMMARY

18
      Provides a $5,000 monetary benefit for a state employee
19    who adopts a child and a $10,000 monetary benefit for a
      state employee who adopts a special needs child. Defines
20    "special needs child" for purposes of the act.  Provides
      procedure.  Provides for eligibility for parental leave
21    and conditions of such leave.

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