Florida Enacts a New Kind of State-Mandated Leave – Domestic Violence Leave
 
July 13, 2007
 
Michelle Bedoya Barnett- Jacksonville

Effective July 1, 2007, a new Florida law requires certain Florida employers to allow employees to take leave for domestic violence-related issues. The new law, which can be found at Florida Statutes §741.313, allows eligible employees to take up to three working days of leave within a 12-month period to deal with issues relating to domestic violence suffered by the employee or a family or household member.

Which employers are covered?

Florida Statute §741.313 applies to employers with more than 50 employees.

Which employees are eligible?

All employees who have been employed by a company for more than three months are eligible to take Domestic Violence Leave.

For what purposes may the leave be taken?

The leave may be taken if either the employee or a member of the employee’s family or household is a victim of domestic violence. Leave may be taken to: (1) obtain an injunction for protection against domestic violence; (2) obtain medical or mental health care in connection with domestic violence; (3) seek services from a victim services organization; (4) seek legal assistance or prepare for court proceedings; or (5) secure existing housing or obtain new housing for safety reasons.

How much leave must be granted?

Under this new law, an employee may take up to three days of leave within a 12-month period. The employer may define the 12-month leave period (e.g., calendar year, fiscal year, rolling 12-month period). The leave may be unpaid. In addition, the employee must exhaust all other forms of leave provided by the employer (including vacation, sick leave or personal leave) before he or she becomes eligible for Domestic Violence Leave, although the employer can waive this requirement.

What notice must an employee provide regarding the need for leave?

In general, employers may require an employee to provide reasonable advance notice of the leave “as required by the employer’s policy,” except that no notice may be required if the employee or family/household member is in imminent danger. An employer may also require written documentation from a treating facility or court verifying the purpose of the leave.

Anti-Retaliation and Confidentiality Requirements

The new law specifically prohibits employers from retaliating against any employee who takes Domestic Violence Leave and requires employers to keep any request for Domestic Violence Leave strictly confidential. An employee who believes his or her rights under the new law have been violated may sue in state circuit court. An employer found to be in violation of the new law may be subject to money damages (e.g., wages and benefits) and may be required to reinstate employees discharged in violation of the new law.

Recommended Changes to Employer Policies

Employers should revise their leave policies to account for the new domestic leave obligations. The policy should inform employees of their rights under the law, specify the amount of notice employees must give before taking leave as well as the exception for circumstances involving imminent danger, and define the 12-month period during which the leave allotment will be calculated. The policy should also state whether the leave will be paid or unpaid and whether the leave will be deducted from employees’ existing leave allowances.

For more information, e-mail P. Michelle Bedoya at michelle.bedoya@hklaw.com or call toll free, 1-888-688-8500.