F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB721CS/HB721 2023 A bill to be entitled An act relating to paid family leave insurance;
providing circumstances under which paid family leave insurance may be issued and purchasedpurchased; under group disability income policies and group insurance policies;
requiring that paid family leave insurance policies to specify details and requirements relatingwith regard to covered circumstances,circumstances; benefit periods, waiting periods, benefit amounts, certain offsets, and payment of benefits;
providingspecifying thatrequirements eligibility for familypolicies leaverelating insuranceto benefitsbenefit mayperiods, bewaiting limited,periods, excluded,benefit oramounts, reduced,certain butoffsets, anyand suchthe limitation,payment exclusion,of orbenefits; reduction must be specified in the policy;
providing that eligibility for family leave insurance benefits may be limited, excluded, or reduced but must be specified in the policy;
providing that paid family leave insurance policy forms and riders are subject to review by the Office of Insurance Regulation;
specifying the means by which a policy mustmay offer Pagefamily 1ofleave 9insurance CODING:benefits;
authorizing the Financial Services Commission to adopt rules;
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hb0721-02-c2hb0721-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB721CS/HB721 2023 familyproviding leavean insuranceeffective benefits;date.
authorizing the Financial Services Commission to adopt rules;
providing an effective date.
paid family leave insurance issuance and purchase.— (1) As"Paid used in this section, the term "paid family leave insurance" meansis insurance issued to an employer which is Pagerelated 2ofto 9a CODING:benefit program provided to an employee to pay for a percentage or portion of the employee's income loss due to:
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hb0721-02-c2hb0721-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB721CS/HB721 2023 related(a) toThe abirth benefitof program provided to an employee to pay for a percentagechild or portionadoption of thea employee'schild incomeby lossthe dueemployee; to:
(a) The birth of a child or the adoption of a child by the employee;
As used in this subsection, the terms "child," "family leave," and "family member" have the same meanings as provided in s.
(a) "Armed Forces of the United States" means an officer or enlisted member of the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard of the United States, the Florida Page 3of 9 CODING:
hb0721-02-c2hb0721-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB721CS/HB721 2023 Space Force, or Coast Guard of the United States, the Florida National Guard, or the United States Reserve Forces.
Under 18 years of age, or 18 years of age or older and incapable of self-care because of a mental or a physical disability;
A biological, an adopted, or a foster son or daughter;
a stepson or a stepdaughter;
or a son or a daughter of a person to whom the employee stands in loco parentis.
(c) "Family leave" meansis any leave taken by an employee from work for any of the circumstances specified in subsection (2).
(d) "Family member" meansincludes a child, a spouse, aor parent, or any other person defined as a family member of the employee in the policy.
(e) "Health care provider" means a hospital licensed under chapter 395, a health care institution licensed under chapter 400 or chapter 429, or ana individualperson licensed under chapter 458, chapter 459, chapter 460, chapter 461, chapter 464, or chapter 466.
(g) "Serious health condition" means an illness, injury, impairment, or physical or mental condition, including, but not limited to, pregnancy complications that threaten the life of Page 4of 9 CODING:
hb0721-02-c2hb0721-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB721CS/HB721 2023 (g) "Serious health condition" means an illness, an injury, an impairment, or a physical or mental condition, including, but not limited to, a pregnancy complication that threatens the life of the mother or unborn child;
(c) Addressing a qualifying exigency as interpreted under Pagethe 5ofFamily 9and CODING:Medical Leave Act of 1993, 29 U.S.C.
Words strickenare deletions;
words underlined are additions.
hb0721-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB721 2023 the Family and Medical Leave Act of 1993, 29 U.S.C.
825.126(a)(1)-(8), arising out of the fact that the spouse, child, or parent of the employee is on active duty or has been notified of an impending call or order toPage active5of duty9 inCODING: the Armed Forces of the United States;
Words strickenare deletions;
words underlined are additions.
hb0721-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB721 2023 to active duty in the Armed Forces of the United States;
or (e) Caring for a family member or taking other leave as specified in the policy.
(3) REQUIRED POLICY SPECIFICITY.—ASPECIFICITY.—The paid family leave insurance policy must specify all of the following:
The period runs over a consecutive calendar-daycalendar day period;
The period must be met only once per benefit year or Pagemust 6ofbe 9met CODING:for each separate claim for benefits;
Words strickenare deletions;
words underlined are additions.
hb0721-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB721 2023 must be met for each separate claim for benefits;
(d) The amount of benefits that will be paid for covered circumstancesPage specified6of in9 subsectionCODING: (2).
Words strickenare deletions;
words underlined are additions.
hb0721-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB721 2023 circumstances specified in subsection (2).
(g) If the family leave insurance benefits are subject to offsets for wages or other income received or for which the insured may be eligible, all such wages or other income that may be setoffset off and the circumstances under which theit family leave insurance benefits may be offset.
(b) Any fixed period starting on a particular date, such as the effective date or anniversary date of the policy;
Page(e) 7ofA 9rolling CODING:period measured by looking back from the employee's first day of family leave;
or (f) Any other method specified in the policy.
(5) PERMISSIBLE LIMITATIONS, EXCLUSIONS, OR REDUCTIONS.— Eligibility for family leave insurance benefits under this Page 7of 9 CODING:
hb0721-02-c2hb0721-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB721CS/HB721 2023 (e)section Amay rollingbe periodlimited, measuredexcluded, byor lookingreduced, backbut fromany limitation, exclusion, or reduction must be specified in the employee'spolicy firstand daynot ofconflict familywith leave;the insurance code.
or (f) Any other method specified in the policy.
(5) PERMISSIBLE LIMITATIONS, EXCLUSIONS, OR REDUCTIONS.— Eligibility for family leave insurance benefits under this section may be limited, excluded, or reduced, but any limitation, exclusion, or reduction must be specified in the policy and not conflict with the Florida Insurance Code.
(b) For any leave period related to a serious health condition or other harm to a family member brought about by a willful act by the employee;
(e) For any period during which the employee is eligible to receive benefits under any other statutory program or employer-sponsored program, including, but not limited to, unemployment insurance benefits, workers' compensation benefits, Pageor 8ofany 9paid CODING:time off or employer's paid leave policy;
(f) For any period commencing before the employee becomes eligible for family leave insurance benefits under the policy;
(g) For any period during which more than one person seeks family leave for the same family member under the same policy, Page 8of 9 CODING:
hb0721-02-c2hb0721-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB721CS/HB721 2023 orunless anythe paidpolicy timespecifies offotherwise; or employer's paid leave policy;
(f)or For(h) anyOther periodreasons commencingspecified beforein the employeepolicy. becomes eligible for family leave insurance benefits under the policy;
(g) For any period during which more than one person seeks family leave for the same family member under the same policy, unless the policy specifies otherwise;
or (h) For any other reasons specified in the policy.
(8) RULEMAKING.—The commission may adopt rules to administerimplement this section.
hb0721-02-c2hb0721-01-c1