Title: Regulation of Family or Medical Leave Benefits for Employees

Summary: Prohibiting a political subdivision from requiring or otherwise regulating family or medical leave benefits for employees; preempting regulation of family or medical leave benefits to the state; providing that the act does not prohibit a political subdivision from establishing family or medical leave benefits for its employees; providing that the act does not prohibit a federally authorized or recognized tribal government from requiring family or medical leave benefits under certain conditions, etc. APPROPRIATION:

Full Text:
An act relating to the regulation of family or medical leave benefits for employees; providing definitions; prohibiting a political subdivision from requiring or otherwise regulating family or medical leave benefits for employees; preempting regulation of family or medical leave benefits to the state; creating the Employer-Sponsored Benefits Study Task Force; directing Workforce Florida, Inc., to provide administrative and staff support services for the task force; establishing the purpose and composition of the task force; providing for reimbursement for per diem and travel expenses; requiring the task force to submit a report to the Governor and the Legislature by a specified date; providing report requirements; providing for future repeal of the task force; providing that the act does not prohibit a political subdivision from establishing family or medical leave benefits for its employees; providing that the act does not prohibit a federally authorized or recognized tribal government from requiring family or medical leave benefits under certain conditions; providing an appropriation; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1.  Family or medical leave benefits for employees.  (1) As used in this section, the term: (a) Employee  and the term  employer  have the same meanings as established in the federal Fair Labor Standards Act of 1938, U.S.C. s. 203. (b) Family or medical leave  means a period of absence from employment, paid or unpaid, used by an employee to deal with a health condition or seek medical attention, to assist another person dealing with a health condition or seeking medical attention, or to give birth to or adopt a child. The term does not include leave related to and arising directly from domestic violence. (c) Political subdivision  means a county, municipality, department, commission, special district, board, or other public body, whether corporate or otherwise, created by or under state law. (2)   A political subdivision may not require an employer to provide family or medical leave benefits to an employee and may not otherwise regulate such leave. For purposes of uniform application of this section throughout the state, with the exception of family or medical leave benefits regulated under federal law or regulations, the regulation of family and medical leave benefits is expressly preempted to the state. (3)(a) There is created the Employer-Sponsored Benefits Study Task Force. Workforce Florida, Inc., shall provide administrative and staff support services relating to the functions of the task force. The task force shall organize by September 1, 2013. The task force shall be composed of members. The President of Workforce Florida, Inc., shall serve as a member and chair of the task force. The Speaker of the House of Representatives shall appoint one member who is an economist with a background in business economics. The President of the Senate shall appoint one member who is a physician licensed under chapter or chapter with at least years of experience in the active practice of medicine. In addition, the President of the Senate and the Speaker of the House of Representatives shall each appoint four additional members to the task force. The four appointments from the President of the Senate and the four appointments from the Speaker of the House of Representatives must each include: 1. A member of the Legislature. 2. An owner of a business in this state which employs fewer than people. 3. An owner or representative of a business in this state which employs more than people. 4. A representative of an organization who represents the nonmanagement employees of a business. (b) Members of the task force shall serve without compensation, but are entitled to reimbursement for per diem and travel expenses in accordance with s. 112.061.(c) The purpose of the task force is to analyze employer sponsored family or medical leave benefits and the impact of state preemption of the regulation of such benefits. The task force shall develop a report that includes its findings and recommendations for legislative action regarding the regulation of family or medical leave benefits. The task force shall submit the report to the Governor, the President of the Senate, and the Speaker of the House of Representatives by January 15, 2014. (d) This subsection is repealed June 30, 2014. (4) This section does not limit the authority of a political subdivision to establish family or medical leave benefits for the employees of the political subdivision. (5)   This section does not prohibit a federally authorized and recognized tribal government from requiring family or medical leave benefits for a person employed within a territory over which the tribe has jurisdiction. Section 2.  For the 2013-2014 fiscal year, the sum of $27,050 in nonrecurring funds is appropriated from the General Revenue Fund to the Department of Economic Opportunity for Workforce Florida, Inc., for operating the Employer-Sponsored Benefits Study Task Force. Section 3. This act shall take effect upon becoming a law.