Florida Senate - 2014                                     SB 844
       
       
        
       By Senator Latvala
       
       
       
       
       
       20-00249-14                                            2014844__
    1                        A bill to be entitled                      
    2         An act relating to unemployment compensation; amending
    3         s. 443.131, F.S.; prohibiting benefits from being
    4         charged to the employment record of an employer that
    5         is forced to lay off workers for specified reasons;
    6         providing an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Paragraph (a) of subsection (3) of section
   11  443.131, Florida Statutes, is amended to read:
   12         443.131 Contributions.—
   13         (3) VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT
   14  EXPERIENCE.—
   15         (a) Employment records.—The regular and short-time
   16  compensation benefits paid to an eligible individual shall be
   17  charged to the employment record of each employer who paid the
   18  individual wages of at least $100 during the individual’s base
   19  period in proportion to the total wages paid by all employers
   20  who paid the individual wages during the individual’s base
   21  period. Benefits may not be charged to the employment record of
   22  an employer who furnishes part-time work to an individual who,
   23  because of loss of employment with one or more other employers,
   24  is eligible for partial benefits while being furnished part-time
   25  work by the employer on substantially the same basis and in
   26  substantially the same amount as the individual’s employment
   27  during his or her base period, regardless of whether this part
   28  time work is simultaneous or successive to the individual’s lost
   29  employment. Further, as provided in s. 443.151(3), benefits may
   30  not be charged to the employment record of an employer who
   31  furnishes the Department of Economic Opportunity with notice, as
   32  prescribed in rules of the department, that any of the following
   33  apply:
   34         1. If an individual leaves his or her work without good
   35  cause attributable to the employer or is discharged by the
   36  employer for misconduct connected with his or her work, benefits
   37  subsequently paid to the individual based on wages paid by the
   38  employer before the separation may not be charged to the
   39  employment record of the employer.
   40         2. If an individual is discharged by the employer for
   41  unsatisfactory performance during an initial employment
   42  probationary period, benefits subsequently paid to the
   43  individual based on wages paid during the probationary period by
   44  the employer before the separation may not be charged to the
   45  employer’s employment record. As used in this subparagraph, the
   46  term “initial employment probationary period” means an
   47  established probationary plan that applies to all employees or a
   48  specific group of employees and that does not exceed 90 calendar
   49  days following the first day a new employee begins work. The
   50  employee must be informed of the probationary period within the
   51  first 7 days of work. The employer must demonstrate by
   52  conclusive evidence that the individual was separated because of
   53  unsatisfactory work performance and not because of lack of work
   54  due to temporary, seasonal, casual, or other similar employment
   55  that is not of a regular, permanent, and year-round nature.
   56         3. Benefits subsequently paid to an individual after his or
   57  her refusal without good cause to accept suitable work from an
   58  employer may not be charged to the employment record of the
   59  employer if any part of those benefits are based on wages paid
   60  by the employer before the individual’s refusal to accept
   61  suitable work. As used in this subparagraph, the term “good
   62  cause” does not include distance to employment caused by a
   63  change of residence by the individual. The department shall
   64  adopt rules prescribing for the payment of all benefits whether
   65  this subparagraph applies regardless of whether a
   66  disqualification under s. 443.101 applies to the claim.
   67         4. If an individual is separated from work as a direct
   68  result of a natural disaster declared under the Robert T.
   69  Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
   70  ss. 5121 et seq., benefits subsequently paid to the individual
   71  based on wages paid by the employer before the separation may
   72  not be charged to the employment record of the employer.
   73         5. If an individual is separated from work as a direct
   74  result of an oil spill, terrorist attack, or other similar
   75  disaster of national significance not subject to a declaration
   76  under the Robert T. Stafford Disaster Relief and Emergency
   77  Assistance Act, benefits subsequently paid to the individual
   78  based on wages paid by the employer before the separation may
   79  not be charged to the employment record of the employer.
   80         6. If an individual is separated from work as a direct
   81  result of the termination of a federal contract awarded to his
   82  or her employer, unless the contract is terminated for default,
   83  benefits subsequently paid to the individual based on wages paid
   84  by the employer before the separation may not be charged to the
   85  employment record of the employer. This subparagraph expires
   86  December 31, 2017.
   87         7. If an individual is separated from work as a direct
   88  result of a federal law, regulation, or executive order
   89  mandating a higher level of security clearance or background
   90  check, such as the National Agency Check with Local Agency
   91  Checks and Credit Check, for doing the same or similar work when
   92  the individual was previously under no such mandate, and the
   93  Federal Government determines that the individual’s eligibility
   94  is denied to continue such work, benefits subsequently paid to
   95  the individual based on wages paid by the employer before the
   96  separation may not be charged to the employment record of the
   97  employer.
   98         Section 2. This act shall take effect July 1, 2014.