Senate Bill sb0202

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    Florida Senate - 2002                                   SB 202

    By Senator Wasserman Schultz





    32-137-02

  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 giving birth to a baby or

  7         adopting a minor child; providing for

  8         reductions in the amount of compensation;

  9         requiring employers to post certain notices;

10         specifying certain payments as not chargeable

11         against employers; requiring the director of

12         the Agency for Workforce Innovation to report

13         to the Governor and Legislature; providing

14         application; 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)  Notwithstanding the provisions of s.

23  443.101(1)(a)1. and (c), an individual who is on a leave of

24  absence from his or her employer or who left work to be with

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

26  during the first year following placement with the individual

27  of a child under 18 years of age for adoption, shall not be

28  denied compensation under provisions of this chapter relating

29  to voluntarily quitting work, availability for work, inability

30  to work, or failure to actively seek work.

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    Florida Senate - 2002                                   SB 202
    32-137-02




  1         (2)  The provisions of this chapter concerning the

  2  reduction of the amount of compensation due to receipt of

  3  disqualifying income shall apply to payments under this

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

  5  reduction in the compensation amount:

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

  7  birth or adoption described in subsection (1).

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

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

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

11  contribution to such plan. 

12         (3)  Compensation is payable to an individual under

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

14  birth or placement for adoption.

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

16  the employer, in a conspicuous place accessible to all

17  employees, information relating to the availability of

18  unemployment compensation under this section.

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

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

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

22  section, the director of the Agency for Workforce Innovation

23  within the Department of Management Services shall issue a

24  report to the Governor, the President of the Senate, and the

25  Speaker of the House of Representatives evaluating the

26  effectiveness of the unemployment compensation program for

27  birth and adoption.

28         (7)  This section shall be applied consistent with

29  rules adopted by the United States Department of Labor.

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

31  law.

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    Florida Senate - 2002                                   SB 202
    32-137-02




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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 director
  7    of the Agency for Workforce Innovation to report to the
      Governor and Legislature on program effectiveness.
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