Senate Bill sb0188
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Florida Senate - 2007 SB 188
By Senator Aronberg
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1 A bill to be entitled
2 An act relating to domestic violence; creating
3 s. 741.313, F.S.; defining the terms "domestic
4 violence," "family or household member," and
5 "victim"; requiring that certain employers
6 permit an employee to take leave from work to
7 undertake activities resulting from an act of
8 domestic violence; specifying the activities
9 for which the employee may take leave;
10 requiring the employee to notify the employer
11 of the leave; providing exceptions; requiring
12 that an employer keep information relating to
13 the employee's leave confidential; prohibiting
14 an employer from taking certain actions against
15 the employee for exercising rights specified in
16 the act; providing a recourse for violation of
17 the act; providing an effective date.
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19 Be It Enacted by the Legislature of the State of Florida:
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21 Section 1. Section 741.313, Florida Statutes, is
22 created to read:
23 741.313 Unlawful action against employees seeking
24 protection.--
25 (1) As used in this section, the term:
26 (a) "Domestic violence" means domestic violence, as
27 defined in s. 741.28, or any crime, the underlying factual
28 basis of which has been found by a court to include an act of
29 domestic violence.
30 (b) "Family or household member" has the same meaning
31 as in s. 741.28.
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Florida Senate - 2007 SB 188
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1 (c) "Victim" means an individual who has been
2 subjected to domestic violence.
3 (2)(a) An employer shall permit an employee to request
4 or take up to 3 working days of leave from work in any
5 12-month period if the employee or a family or household
6 member of an employee is the victim of domestic violence. This
7 leave may be with or without pay, at the discretion of the
8 employer.
9 (b) This section applies if an employee uses the leave
10 from work to:
11 1. Seek an injunction for protection against domestic
12 violence or an injunction for protection in cases of repeat
13 violence, dating violence, or sexual violence;
14 2. Obtain medical care or mental health counseling, or
15 both, for the employee or a family or household member to
16 address physical or psychological injuries resulting from the
17 act of domestic violence;
18 3. Obtain services from a victim-services
19 organization, including, but not limited to, a domestic
20 violence shelter or program or a rape crisis center as a
21 result of the act of domestic violence;
22 4. Make the employee's home secure from the
23 perpetrator of the domestic violence or to seek new housing to
24 escape the perpetrator; or
25 5. Seek legal assistance in addressing issues arising
26 from the act of domestic violence or to attend and prepare for
27 court-related proceedings arising from the act of domestic
28 violence.
29 (3) This section applies to an employer who employs 50
30 or more employees and to an employee who has been employed by
31 the employer for 3 or more months.
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Florida Senate - 2007 SB 188
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1 (4)(a) Except in cases of imminent danger to the
2 health or safety of the employee, or to the health or safety
3 of a family or household member, an employee seeking leave
4 from work under this section must provide to his or her
5 employer appropriate advance notice of the leave as required
6 by the employer's policy and with sufficient documentation of
7 the act of domestic violence as required by the employer.
8 (b) An employee seeking leave under this section must,
9 before receiving the leave, exhaust all annual or vacation
10 leave, personal leave, and sick leave, if applicable, which is
11 available to the employee, unless the employer waives this
12 requirement.
13 (c) An employer must keep all information relating to
14 the employee's leave under this section confidential.
15 (5)(a) An employer may not interfere with, restrain,
16 or deny the exercise of or any attempt by an employee to
17 exercise any right provided under this section.
18 (b) An employer may not discharge, demote, suspend,
19 retaliate, or in any other manner discriminate against an
20 employee for exercising his or her rights under this section.
21 (c) An employee has no greater rights to continued
22 employment or to other benefits and conditions of employment
23 than if the employee was not entitled to leave under this
24 section. This section does not limit the employer's right to
25 discipline or terminate any employee for any reason,
26 including, but not limited to, reductions in work force or
27 termination for cause or for no reason at all, other than
28 exercising his or her rights under this section.
29 (6) Notwithstanding any other law to the contrary, the
30 sole remedy for any person claiming to be aggrieved by a
31 violation of this section is to bring a civil suit for damages
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Florida Senate - 2007 SB 188
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1 or equitable relief, or both, in circuit court. The person may
2 claim as damages all wages and benefits that would have been
3 due the person up to and including the date of the judgment
4 had the act violating this section not occurred, but the
5 person may not claim wages or benefits for a period of leave
6 granted without pay as provided in paragraph (2)(a). However,
7 this section does not relieve the person from the obligation
8 to mitigate his or her damages.
9 Section 2. This act shall take effect July 1, 2007.
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12 SENATE SUMMARY
13 Requires an employer to allow an employee to take leave
from work to undertake activities resulting from an act
14 of domestic violence. Specifies the activities for which
the employee may take leave. Requires the employee to
15 notify the employer of the leave. Requires an employer to
keep information relating to the employee's leave
16 confidential. Prohibits an employer from taking certain
actions against the employee for exercising rights
17 specified in the act. Provides a recourse for violating
the act.
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