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A bill to be entitled

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An act relating to employee leave; creating s. 448.111,

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F.S.; providing legislative intent; providing definitions;

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providing for up to 24 hours of leave annually for

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employees to attend medical appointments or school

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conferences; providing that such leave may be paid or

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unpaid; providing purposes for taking leave; providing for

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annual employer notification to employees about the

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availability of leave; providing conditions for taking

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leave; prohibiting an employer from taking retaliatory

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action against an employee for requesting or taking leave;

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providing that an injured employee is entitled to damages

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and attorney's fees; amending s. 1003.04, F.S.; requiring

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public schools to provide 3 days' written notice to

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parents of a school conference and provide written

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confirmation of attendance if requested; providing an

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effective date.

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

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     Section 1.  Section 448.111, Florida Statutes, is created to

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read:

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     448.111 Employee family and medical leave.--

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     (1) The Legislature finds that employees often have

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important family and medical needs that do not qualify for leave

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under the federal Family and Medical Leave Act of 1993, Pub. L.

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103-3. An employee should be able to take time away from work to

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attend to family health needs and the educational achievement of

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children while protecting his or her employment status. Existing

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federal and state laws or rules require parents to participate in

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various school conferences, including meetings related to

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exceptional student program participation, discipline

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infractions, failure to meet performance standards on statewide

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assessments, repeated unexcused absences, drop-out-prevention

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intervention, or truancy or delinquency proceedings. The

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Legislature further finds that parental involvement is a central

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requirement for improving performance under the federal No Child

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Left Behind Act, and that overcoming persistent gaps in student

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achievement and engaging parents in their children's educational

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progression requires addressing the reasons why many working

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parents do not or are not able to attend school conferences.

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Therefore, the Legislature finds that establishing a state

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statutory mechanism for providing employees with a minimum amount

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of available leave time for eligible family purposes under

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specified circumstances will improve the retention of students in

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school, improve the retention of employees, increase employee

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productivity, and strengthen families.

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     (2) As used in this section, the term:

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     (a) "Available leave" means annual leave, personal leave,

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sick leave, compensatory leave, or other similar leave that is

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provided by an employer and that an employee may use to attend

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school conferences concerning the employee's child, medical

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appointments of the employee or the employee's spouse, child, or

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elderly relative, or similar activities.

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

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stepchild, a legal ward, or a child of a person standing in loco

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parentis who is:

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     1. Younger than 18 years of age; or

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     2. Eighteen years of age or older and incapable of self-

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care because of a mental, physical, or developmental disability.

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     (c) "Elderly relative" means an adult 60 years of age or

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older who is related by blood or marriage to the employee and who

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may require care or assistance from the employee in making

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arrangements for health care.

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     (d) "Eligible employee" means an individual who has been

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employed full time by an employer for at least 6 consecutive

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months.

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     (e) "Employer" means a public or private person or entity

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that employs three or more persons in this state.

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     (f) "School conference" means registration for enrollment

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in a public or private day care center, prekindergarten,

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kindergarten, elementary school, middle school, or high school,

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or a meeting about a child's academic achievement, behavior,

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performance, or support plan when such meeting is initiated by a

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teacher or other school program representative or the parent and

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is conducted at the child's school.

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     (3) Subject to the requirements of subsection (4), an

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eligible employee is entitled to a minimum of 24 hours of

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available leave during any 12-month period for one or more of the

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following purposes:

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     (a) To attend a medical appointment for the employee or the

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employee's spouse or child;

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     (b) To accompany an elderly relative to a medical

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appointment; or

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     (c) To attend a school conference for a child of the

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employee when the appointment or school conference cannot

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reasonably be scheduled during the employee's nonworking hours.

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     (4) Any leave granted under subsection (3) is subject to

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the following conditions:

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     (a) An eligible employee must provide reasonable notice to

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the employer prior to the absence and make a reasonable effort to

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plan the absence so as not to unduly disrupt the operations of

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the employer;

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     (b) An employer may require a written request for leave at

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least 48 hours before the planned absence;

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     (c) An employer having three or fewer employees at the same

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location may reasonably limit the number of employees who are

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allowed to take a planned absence on the same day;

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     (d) An employer may require the eligible employee to

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provide written verification of a medical appointment or school

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conference, such as a written note from a physician or

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documentation signed by a day care or school administrator or

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teacher attending the conference; and

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     (e) An employer may require eligible employees to take

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leave in increments of no less than 2 hours.

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     (5) Leave granted under subsection (3) may be paid or

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unpaid. However, an eligible employee may use any other accrued

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available leave for the purposes specified in this section.

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     (6) This section does not limit the amount of leave an

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employer may offer for eligible activities.

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     (7) Each employer shall annually notify its employees of

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their eligibility to request leave under this section by posting

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such notice or issuing a memorandum to all employees.

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     (8) To the extent that an employee who is eligible for

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leave under this section is also eligible for leave under the

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federal Family and Medical Leave Act of 1993, such employee must

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take the leave pursuant to the federal act. This section does not

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provide additional leave to an employee who is eligible for leave

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under the federal Family and Medical Leave Act of 1993.

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     (9) An employer or agent of an employer may not discharge,

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discipline, or otherwise penalize an eligible employee, and may

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not threaten to take or communicate an intention to take any such

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action, because the employee requests or takes leave pursuant to

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this section. An employer or agent of an employer who violates

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this subsection is liable to the injured employee for all actual

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damages incurred by the employee for a violation of this

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subsection and for reasonable attorney's fees incurred by the

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employee in asserting a successful claim under this section.

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     Section 2.  Subsection (4) is added to section 1003.04,

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Florida Statutes, to read:

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     1003.04  Student conduct and parental involvement.--

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     (4) Each school shall provide written notice to parents at

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least 3 business days prior to a school conference to give

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parents an opportunity to arrange for and attend such conference.

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For purposes of this subsection, the term "school conference"

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means registration for enrollment in a kindergarten, elementary

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school, middle school, or high school, or a meeting about a

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child's academic achievement, behavior, performance, or support

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plan when such meeting is initiated by a teacher or other school

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program representative or the parent and is conducted at the

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child's school. If requested, the parent participating in the

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conference shall be provided with written verification of

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attendance at the school conference. The notice requirements of

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this subsection do not relieve the school from complying with any

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other state or federal notice requirements.

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     Section 3.  This act shall take effect July 1, 2008.