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A bill to be entitled

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An act relating to mandatory employee paid sick leave;

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amending s. 448.101, F.S.; applying definitions to s.

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448.111, F.S.; creating s. 448.111, F.S., the "Healthy

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Workers, Healthy Families Act"; providing definitions;

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requiring a minimum level of sick leave accrual for an

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employee; providing direction to an employer on the

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methodology for sick leave accrual determination;

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delineating guaranteed uses of sick leave and reasonable

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determination of such leave; requiring the employer to

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provide notice to employees of sick leave accrual and

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guaranteed uses and employee rights; providing methods for

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such notice; requiring the Agency for Workforce Innovation

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to make posters available to any employer; prohibiting

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retaliatory personnel action or discrimination against an

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employee regarding paid sick leave requests, guaranteed

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use, or filing of an action or complaint to enforce sick

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leave rights; providing remedies for failure to provide

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paid sick leave and for retaliatory personnel actions;

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providing for civil penalties and other relief; providing

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for action by the Attorney General under certain

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circumstances; providing a statute of limitations for

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civil actions; providing for class action suits; requiring

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confidentiality and nondisclosure of certain information

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by an employer; encouraging more generous leave policies;

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providing for severability; providing an effective date.

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     WHEREAS, almost all workers in the State of Florida will at

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some time during the year need short-term time off from work to

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take care of their own health needs or the health needs of

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members of their families or to deal with safety issues arising

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from domestic or sexual violence, and

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     WHEREAS, there are many workers in Florida who are not

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entitled to any paid sick leave to care for their own health

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needs or the health needs of members of their families, and

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     WHEREAS, low-income workers are significantly less likely to

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have paid sick leave than other members of the workforce, and

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     WHEREAS, providing workers time off to attend to their own

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health care and the health care of family members will ensure a

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healthier and more productive workforce in the State of Florida,

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and

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     WHEREAS, paid sick leave will have positive effects on the

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health of Florida workers by helping to ensure that workers will

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take advantage of preventive and routine medical care that, in

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turn, will prevent illnesses and, through early detection,

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shorten the duration of illnesses, and

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     WHEREAS, paid sick leave will have a positive effect on

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public health in Florida by allowing sick workers to stay at home

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to care for themselves when ill, thus lessening their recovery

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time and reducing the likelihood of spreading illness to other

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members of the workforce, and

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     WHEREAS, paid sick leave will allow parents to provide

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personal care for their sick children, which will lessen their

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recovery time, prevent more serious illnesses, and improve the

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children's overall mental and physical health, and

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     WHEREAS, parents who cannot afford to miss work must often

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send their sick children to child care or school, increasing the

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likelihood of spreading contagious diseases to other children,

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child care workers, and teachers, and

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     WHEREAS, providing paid sick leave will encourage routine

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medical care, which will improve early detection and treatment of

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illness, decreasing the need for emergency and long-term care and

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thus resulting in savings for both private and public payers of

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health insurance, including private businesses, and

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     WHEREAS, the majority of care of older members of the family

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is performed by working family members, and

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     WHEREAS, providing minimal paid sick leave is affordable for

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employers and is good for business, and

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     WHEREAS, employers who provide paid sick leave have greater

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retention of their employees and avoid the problem of workers

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coming to work sick, and studies have shown that costs from on-

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the-job productivity losses resulting from sick workers on the

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job exceed the cost of absenteeism among employees, and

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     WHEREAS, nearly one in three American women report physical

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or sexual abuse by a husband or boyfriend at some point in their

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lives, and

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     WHEREAS, employment security is essential for women who are

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victims of domestic and sexual violence, and

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     WHEREAS, the need to take time off to attend to the

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physical, psychological, and legal ramifications of violence

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against women can interfere with the ability to retain employment

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if paid leave is not available, NOW, THEREFORE,

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

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     Section 1.  Section 448.101, Florida Statutes, is amended to

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read:

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     448.101 Definitions.--As used in ss. 448.101-448.105 and

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448.111, the term:

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     (1)  "Appropriate governmental agency" means any agency of

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government charged with the enforcement of laws, rules, or

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regulations governing an activity, policy, or practice of an

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employer.

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     (2)  "Employee" means a person who performs services for and

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under the control and direction of an employer for wages or other

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remuneration. The term does not include an independent

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contractor.

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     (3)  "Employer" means any private individual, firm,

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partnership, institution, corporation, or association that

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employs ten or more persons.

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     (4)  "Law, rule, or regulation" includes any statute or

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ordinance or any rule or regulation adopted pursuant to any

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federal, state, or local statute or ordinance applicable to the

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employer and pertaining to the business.

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     (5)  "Retaliatory personnel action" means the discharge,

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suspension, or demotion by an employer of an employee or any

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other adverse employment action taken by an employer against an

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employee in the terms and conditions of employment.

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     (6)  "Supervisor" means any individual within an employer's

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organization who has the authority to direct and control the work

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performance of the affected employee or who has managerial

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authority to take corrective action regarding the violation of

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law, rule, or regulation of which the employee complains.

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     Section 2.  Section 448.111, Florida Statutes, is created to

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read:

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     448.111 Mandatory employee paid sick leave; short title;

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definitions; accrual and use of paid sick leave; notice and

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posting; retaliation prohibited; remedies for aggrieved person;

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confidentiality and nondisclosure; encouragement of generous

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leave policies; severability.--

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     (1) SHORT TITLE.--This section may be cited as the "Healthy

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Workers, Healthy Families Act."

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     (2) DEFINITIONS.--For purposes of this section, the term:

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     (a) "Child" means a biological child, adopted or foster

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child, stepchild or legal ward, or extended family member of the

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employee or a child to whom the employee stands in loco parentis

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who is under the age of 18 years or who is 18 years of age or

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older but incapable of self care or earning a living due to a

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physical or mental disability or incapacity.

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     (b) "Domestic violence" has the same meaning as in s.

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741.28.

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     (c) "Extended family member" has the same meaning as in s.

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751.011.

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     (d) "Grandparent" has the same meaning as in s. 752.001.

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     (e) "Health care professional" means any person licensed

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under Florida law to provide medical or emergency services,

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including, but not limited to, doctors, nurses, emergency room

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personnel, and persons licensed under chapter 456.

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     (f) "Paid sick leave" means leave that is compensated at

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the same rate the employee earns from his or her employment and

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is paid by an employer or small employer to an employee for use

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as provided in subsection (4).

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     (g) "Parent" means a biological parent, foster parent,

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stepparent or adoptive parent, or legal guardian of an employee

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or an employee's spouse or a person who stood in loco parentis

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when the employee was a minor child.

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     (h) "Small employer" means any private individual, firm,

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partnership, institution, corporation, or association that

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employs fewer than 10 persons.

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     (i) "Spouse" means a person to whom the employee is legally

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married under the laws of this state.

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     (3) ACCRUAL OF PAID SICK LEAVE.--

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     (a) All employees have the right to paid sick leave as

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provided in this section.

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     (b) An employer, other than a small employer, shall provide

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1 hour of paid sick leave for every 40 hours worked by an

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employee. A small employer shall provide 1 hour of paid sick

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leave for every 80 hours worked by an employee. Paid sick leave

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shall accrue in hourly increments.

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     (c) Paid sick leave as provided in this section begins to

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accrue at the commencement of employment.

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     (d) An employee is entitled to use accrued paid sick leave

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beginning on the 90th day following commencement of his or her

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employment.

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     (e) An employee is entitled to carry forward a maximum of

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72 hours of paid sick leave from one calendar year to the next.

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     (f) Any employer having a paid leave policy that makes

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available an amount of paid leave that may be used for the same

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purposes and under the same conditions as paid sick leave under

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this section shall be deemed to be in compliance with this

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section.

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     (g) This section does not prevent employers from adopting

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or retaining leave policies that are more generous than the

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policies required under this section.

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     (4) USE OF PAID SICK LEAVE.--

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     (a) Paid sick leave shall be provided to an employee by an

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employer or small employer for:

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     1. An employee's mental or physical illness, injury, or

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health condition; need for medical diagnosis, care, or treatment

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of a mental or physical illness, injury, or health condition; or

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need for preventive medical care;

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     2. Care of a spouse, child, parent, grandparent, extended

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family member, or any other individual related by blood or

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affinity whose close relationship with the employee is the

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equivalent of a family relationship and who has a mental or

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physical illness, injury, or health condition; who needs medical

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diagnosis, care, or treatment of a mental or physical illness,

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injury, or health condition; or who needs preventive medical

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care; and

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     3. Absence necessary due to domestic violence if the leave

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is to:

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     a. Seek medical attention for the employee or employee's

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child, spouse, parent, grandparent, or extended family member to

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recover from physical or psychological injury or disability

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caused by domestic violence;

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     b. Obtain services from a victim services organization;

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     c. Obtain psychological or other counseling;

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     d. Seek relocation due to the domestic violence; or

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     e. Take legal action, including preparing for or

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participating in any civil or criminal legal proceeding related

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to or resulting from the domestic violence.

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     (b) An employer or small employer may require reasonable

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notice of the need for paid sick leave. When the need for the

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leave is foreseeable, an employer may require advance notice of

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the intention to take such leave, but may not require more than 7

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days' advance notice. When the need is not foreseeable, an

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employer may require an employee to give notice of the need for

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leave as soon as is practicable.

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     (c) For leave of more than 3 consecutive days, an employer

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may require reasonable documentation that the paid leave is

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covered by this subsection. Under subparagraph (a)1. or

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subparagraph (a)2., documentation signed by a heath care

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professional indicating the need for the number of paid sick

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leave days shall be considered reasonable documentation. Under

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subparagraph (a)3., a court record or documentation signed by an

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employee or volunteer working for a victim services organization,

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an attorney, a police officer, or any other anti-violence

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counselor shall be considered reasonable documentation.

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     (5) NOTICE AND POSTING.--

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     (a) An employer shall give notice that an employee is

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entitled to paid sick leave, the amount of paid sick leave, and

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the terms of its use guaranteed under this section; that

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retaliation against an employee who requests or uses paid sick

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leave is prohibited; and that an employee has the right to file a

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complaint or bring a civil action if sick leave as required by

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this section is denied by the employer or the employee is

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retaliated against for requesting or taking paid sick leave.

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     (b) An employer may comply with the requirements of

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paragraph (a) by:

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     1. Supplying each of his or her employees with a notice in

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English and Spanish which contains the required information; or

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     2. Displaying a poster in a conspicuous and accessible

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place in each establishment where his or her employees are

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employed which contains in English and Spanish the required

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information.

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The Agency for Workforce Innovation shall make available posters

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containing the information required by this subsection to an

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employer for his or her use in complying with the notice and

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posting requirements of this subsection.

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     (6) RETALIATION PROHIBITED.--An employer may not take

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retaliatory personnel action or discriminate against an employee

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because the employee has requested paid sick leave, taken

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guaranteed paid sick leave, or made a complaint or filed an

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action to enforce his or her right to paid sick leave under this

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section.

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     (7) REMEDIES FOR FAILURE TO PROVIDE PAID SICK LEAVE AND FOR

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RETALIATION.--

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     (a) An employee subjected to retaliatory personnel action

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in violation of subsection (6) may institute a civil action in a

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court of competent jurisdiction under the terms set out in s.

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448.103(1)(b) and is entitled to relief as provided in s.

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448.103(2) and attorney's fees as provided in s. 448.104.

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     (b)1. Any person aggrieved by failure to provide paid sick

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leave as required by this section may bring a civil action in a

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court of competent jurisdiction against an employer violating

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this section.

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     2. Upon prevailing in an action brought pursuant to this

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section, an aggrieved person shall recover the full amount of any

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unpaid sick leave plus any actual damages suffered as the result

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of the employer's failure to provide paid sick leave.

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     3. Upon prevailing in an action brought pursuant to this

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section, an aggrieved person is entitled to such legal or

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equitable relief as is appropriate to remedy the violation,

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including, without limitation, reinstatement in employment and

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injunctive relief.

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     4. Upon prevailing in an action brought pursuant to this

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section, aggrieved persons are entitled to reasonable attorney's

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fees.

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     5. Any civil action brought under this section is subject

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to s. 768.79.

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     (c) Any person aggrieved by a retaliatory personnel action

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in violation of subsection (6) or by an employer's failure to

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provide paid sick leave as required by this section may file a

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complaint with the Attorney General.

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     (d) The Attorney General may bring a civil action to

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enforce this section. The Attorney General may seek injunctive

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relief. In addition to injunctive relief, or in lieu thereof, for

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any employer or other person found to have willfully violated

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this section, the Attorney General may seek to impose a fine of

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$1,000 per violation, payable to the state.

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     (e) The statute of limitations for a civil action brought

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pursuant to this section is the period specified in s. 95.11,

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beginning on the date the alleged violation occurred.

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     (f) Actions brought pursuant to this section may be brought

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as a class action pursuant to Rule 1.220, Florida Rules of Civil

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Procedure. In any class action brought pursuant to this section,

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the plaintiffs shall prove, by a preponderance of the evidence,

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the individual identity of each class member and the individual

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damages of each class member.

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     (8) CONFIDENTIALITY AND NONDISCLOSURE.--If an employer

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possesses health information or information pertaining to

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domestic violence about an employee or an employee's child,

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parent, spouse, grandparent, or extended family member, such

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information shall be treated as confidential and not disclosed

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except to the affected employee or with the permission of the

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effected employee.

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     (9) ENCOURAGEMENT OF MORE GENEROUS LEAVE POLICIES; NO

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EFFECT ON MORE GENEROUS POLICIES.--

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     (a) This section does not prohibit an employer from

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adopting or retaining a paid leave policy more generous than the

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one required under this section.

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     (b) This section does not diminish the obligation of an

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employer to comply with any contract, collective bargaining

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agreement, employment benefit plan, or other agreement providing

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more generous leave to an employee than that required under this

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section.

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     (c) This section does not diminish the rights of a public

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employee regarding paid sick leave or use of sick leave as

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provided in chapters 110-112 and rules adopted thereunder.

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     Section 3. If any provision of this act or its application

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to any person or circumstance is held invalid, the invalidity

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does not affect other provisions or applications of the act which

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can be given effect without the invalid provision or application,

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and to this end the provisions of this act are severable.

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     Section 4.  This act shall take effect upon becoming a law.