Florida Senate - 2024                                     SB 128
       
       
        
       By Senator Berman
       
       
       
       
       
       26-00135-24                                            2024128__
    1                        A bill to be entitled                      
    2         An act relating to paid parental leave; amending s.
    3         110.221, F.S.; defining the term “paid parental
    4         leave”; requiring the state to provide paid parental
    5         leave to certain employees for a specified time
    6         period; prohibiting the state from requiring that an
    7         employee use his or her annual or sick leave for paid
    8         parental leave; providing that the employee is
    9         entitled to accumulate specified benefits during such
   10         leave; prohibiting the state from refusing to grant
   11         such leave; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 110.221, Florida Statutes, is amended to
   16  read:
   17         110.221 Parental or family medical leave.—
   18         (1) As used in this section, the term:
   19         (a) “Family” means a child, parent, or spouse., and the
   20  term
   21         (b) “Family medical leave” means leave requested by an
   22  employee for a serious family illness including an accident,
   23  disease, or condition that poses imminent danger of death,
   24  requires hospitalization involving an organ transplant, limb
   25  amputation, or other procedure of similar severity, or any
   26  mental or physical condition that requires constant in-home
   27  care.
   28         (c)“Paid parental leave” means fully paid leave for the
   29  father or mother of a child who is born or adopted by that
   30  parent.
   31         (d)The term “Parental leave” means leave for the father or
   32  mother of a child who is born to or adopted by that parent.
   33         (2) The state shall provide 12 weeks of paid parental leave
   34  to any employee in the career service following the birth or
   35  adoption of a child by the employee. The state may not require
   36  such employee to use his or her annual leave or sick leave
   37  during the initial 12-week period. The employee is entitled to
   38  accumulate all benefits granted under paid leave status.
   39         (3) The state may shall not:
   40         (a) Terminate the employment of any employee in the career
   41  service because of the pregnancy of the employee or the
   42  employee’s spouse or the adoption of a child by that employee.
   43         (b) Refuse to grant to a career service employee:
   44         1.Paid parental leave; or
   45         2. Parental or family medical leave without pay for a
   46  period not to exceed 6 months. Such leave shall commence on a
   47  date that is determined by the employee in consultation with the
   48  attending physician following notification to the employer in
   49  writing, and that is approved by the employer.
   50         (c) Deny a career service employee the use of and payment
   51  for annual leave credits for parental or family medical leave.
   52  Such leave shall commence on a date determined by the employee
   53  in consultation with the attending physician following
   54  notification to the employer in writing.
   55         (d) Deny a career service employee the use of and payment
   56  for accrued sick leave or family sick leave for any reason
   57  deemed necessary by a physician or as established by policy.
   58         (e) Require that a career service employee take a mandatory
   59  parental or family medical leave.
   60         (4)(3) Upon returning at the end of parental or family
   61  medical leave of absence, such employee shall be reinstated to
   62  the same job or to an equivalent position with equivalent pay
   63  and with seniority, retirement, fringe benefits, and other
   64  service credits accumulated prior to the leave period. If any
   65  portion of the parental or family medical leave is paid leave,
   66  the employee shall be entitled to accumulate all benefits
   67  granted under paid leave status.
   68         Section 2. This act shall take effect July 1, 2024.