House Bill hb1245

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    Florida House of Representatives - 2001                HB 1245

        By Representative Cusack






  1                      A bill to be entitled

  2         An act relating to unemployment compensation

  3         for birth and adoption; creating s. 443.232,

  4         F.S.; prohibiting denial of unemployment

  5         compensation benefits for certain leaves of

  6         absence relating to adopting or giving birth to

  7         a baby; providing for reductions in the amount

  8         of compensation; requiring employers to post

  9         certain notices; specifying certain payments as

10         not chargeable against employers; requiring the

11         Secretary of the Department of Labor and

12         Employment Security to report to the Governor

13         and Legislature; providing application;

14         providing an effective date.

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

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18         Section 1.  Section 443.232, Florida Statutes, is

19  created to read:

20         443.232  Unemployment compensation for birth and

21  adoption.--

22         (1)  An individual who is on a leave of absence from

23  his or her employer or who left employment to be with the

24  individual's child during the first year of life, or during

25  the first year following placement with the individual for

26  adoption, shall not be denied compensation under provisions of

27  this chapter relating to voluntarily leaving employment,

28  availability for work, inability to work, or failure to

29  actively seek work.

30         (2)  The provisions of this chapter concerning the

31  reduction of the amount of compensation due to receipt of

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    Florida House of Representatives - 2001                HB 1245

    799-104-01






  1  disqualifying income shall apply to payments under this

  2  section. In addition, the following payments shall cause a

  3  reduction in the compensation amount:

  4         (a)  Any payment from the employer resulting from a

  5  birth or adoption described in subsection (1).

  6         (b)  Any payment resulting from a birth or adoption

  7  described in subsection (1) from a disability insurance plan

  8  contributed to by an employer, in proportion to the employer's

  9  contribution to such plan.

10         (3)  Compensation is payable to an individual under

11  this section for a maximum of 12 weeks with respect to any

12  birth or placement for adoption.

13         (4)  Each employer shall post at each site operated by

14  the employer, in a conspicuous place accessible to all

15  employees, information relating to the availability of

16  unemployment compensation under this section.

17         (5)  Any compensation paid under this section shall not

18  be charged to the account of the individual's employer.

19         (6)  Two years following the effective date of this

20  section, the Secretary of the Department of Labor and

21  Employment Security shall issue a report to the Governor, the

22  President of the Senate, and the Speaker of the House of

23  Representatives evaluating the effectiveness of the

24  unemployment compensation program for birth and adoption.

25         (7)  This section shall be applied consistent with

26  rules adopted by the United States Department of Labor.

27         Section 2.  This act shall take effect upon becoming a

28  law.

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    Florida House of Representatives - 2001                HB 1245

    799-104-01






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  2                          SENATE SUMMARY

  3
      Prohibits denying unemployment compensation benefits for
  4    leaves of absence relating to adopting or giving birth to
      a baby. Provides for reductions in the amount of
  5    unemployment compensation benefits. Requires employers to
      post notices of program availability. Specifies payments
  6    of unemployment compensation for births and adoptions as
      not chargeable against employers. Requires the Secretary
  7    of the Department of Labor and Employment Security to
      report to the Governor and Legislature on program
  8    effectiveness.

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