Florida Senate - 2014 SB 1120 By Senator Abruzzo 25-00784A-14 20141120__ 1 A bill to be entitled 2 An act relating to military affairs; creating s. 3 115.135, F.S.; defining terms; prohibiting a public 4 employer from compelling an employee who is the spouse 5 of a military servicemember to work extended work 6 hours during active duty deployment of his or her 7 spouse; prohibiting the imposition of a sanction or 8 penalty upon such employee for failure or refusal to 9 work extended work hours during the period of his or 10 her spouse’s active duty deployment; requiring a 11 public employer to grant a request by such employee 12 for unpaid leave for specified purposes during the 13 active duty deployment; providing a limitation on such 14 unpaid leave; authorizing the Department of Management 15 Services to adopt certain rules; declaring that the 16 act fulfills an important state interest; providing an 17 effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Section 115.135, Florida Statutes, is created to 22 read: 23 115.135 Leave considerations; spouses of military 24 servicemembers on active duty.— 25 (1) As used in this section, the term: 26 (a) “Public employer” means the state or any county, 27 municipality, or other political subdivision. 28 (b) “State Personnel System” means the employment system 29 consisting of positions within the career service, selected 30 exempt service, or senior management service and within all 31 agencies except those in the State University System, the 32 Department of the Lottery, the Legislature, the Justice 33 Administrative Commission, or the state courts system. 34 (2)(a) A public employer may not compel an employee who is 35 the spouse of a servicemember of the United States Armed Forces 36 to work hours in excess of the scheduled hours in the employee’s 37 established workday or work period during a period in which his 38 or her spouse is deployed on active duty military service. 39 (b) A public employer may not impose a sanction or penalty 40 upon an employee who is the spouse of a servicemember of the 41 United States Armed Forces for failure or refusal to work hours 42 in excess of the scheduled hours in the employee’s established 43 workday or work period during a period in which his or her 44 spouse is deployed on active duty military service. 45 (3)(a) A public employer shall grant a request by an 46 employee who is the spouse of a servicemember of the United 47 States Armed Forces deployed on active duty military service for 48 unpaid leave not to exceed 4 working days per deployment for the 49 purpose of attending to matters directly related to the 50 implementation of deployment orders of his or her spouse. Leave 51 taken pursuant to this subsection shall run concurrently with 52 any qualifying exigency leave granted by the public employer 53 pursuant to the Family and Medical Leave Act of 1993, as 54 amended, 29 U.S.C. ss. 2601 et seq. 55 (b) The Department of Management Services may adopt rules 56 to establish procedures for granting leave pursuant to paragraph 57 (a) for the State Personnel System. 58 Section 2. To support servicemembers of the United States 59 Armed Forces and their families, the Legislature finds that a 60 proper and legitimate state purpose is served by prohibiting a 61 public employer from requiring an employee whose spouse is 62 deployed on active duty military service to work in excess of 63 the scheduled hours in the employee’s established workday or 64 work period. The Legislature also finds that a proper and 65 legitimate state purpose is served by authorizing an employee of 66 a public employer whose spouse is deployed on active duty 67 military service to take unpaid leave to attend to matters 68 directly related to the implementation of the deployment orders 69 of his or her spouse. Therefore, the Legislature determines and 70 declares that this act fulfills an important state interest. 71 Section 3. This act shall take effect July 1, 2014.