SB 670 — Paid Family Leave Insurance

(a) “Armed Forces of the United States” includesmeans membersan officer or enlisted member of the NationalArmy, Navy, Air Force, Marine Corps, Space Force, or Coast Guard of the United States, the Florida National Guard, and the reserves.United States Reserve Forces.

(c) “Family leave” ismeans any leave taken by an employee from work for any of the reasonscircumstances specified in subsection (4).(2).

(d) “Family member” includes a child, spouse, or parent, or other person defined as a family member of the employee in the policy.

(e) “Health care provider” means any physician,hospital hospital,licensed Pageunder 4chapter of395 9and CODING:any health care institution licensed under chapter 400 or chapter 429 or an individual licensed under chapter 458, chapter 459, chapter 460, chapter 461, chapter 464, or chapter 466.

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Florida Senate - 2023 CS for SB 670 4-00846A-23597-02913-23 2023670__2023670c1 or(f) other“Parent” institution,means organization,a orbiological, personfoster, that furnishes health care services and is licensed or otherwiseadoptive authorizedparent; to practice in this state.

(f) “Parent” means a biological, foster, or adoptive parent;

(g) “Serious health condition” means an illness, an injury, an impairment, or a physical or mental condition, includingincluding, transplantationbut preparationnot andlimited recoveryto, frompregnancy surgerycomplications relatedthat tothreaten organthe orlife tissueof donation,the whichmother involves inpatient care in a hospital, hospice, or residentialunborn healthchild; care facility;

transplantation preparation and recovery from surgery related to organ or tissue donation, which involves inpatient care in a hospital, hospice, or residential health care facility;

or continuing supervision by a health care providerprovider. as defined in the policy.

(4)(2) COVERED FAMILY LEAVE BENEFITS.—Family leave insurance benefits provided in a paid family leave insurance policy may be provided for any leave taken by an employee from work to:for any of the following circumstances:

(a) ParticipateParticipation in providing care, including physical or psychological care, for a family member of the employee made necessary by a serious health condition of the family member;

(b) BondBonding with the employee’s child during the first 12 months after the child’s birth or the first 12 months after the placement of the child for adoption by or foster care with the employee;

(c) AddressAddressing a qualifying exigency as interpreted under the Family and Medical Leave Act of 1993, 29 U.S.C.

2612(a)(1)(E) Page 54 of 98 CODING:

Florida Senate - 2023 CS for SB 670 4-00846A-23597-02913-23 2023670__2023670c1 2612(a)(1)(E) and 29 C.F.R.

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 to active duty,duty in the Armed Forces of the United States;

(d) CareCaring for a family servicemembermember injured in the line of duty;duty with the Armed Forces of the United States;

or (e) TakeCaring other leave to provide care for a family member or other family leave as specified in the policy.

(5)(3) EXPLANATIONREQUIRED OFPOLICY FAMILYSPECIFICITY.—The LEAVE REASONS.—The policy must specifyspecify: details and requirements with regard to each of the covered family leave reasons.

(6)(a) BENEFITDetails PERIOD.—Theand policyrequirements mustwith specifyregard theto lengtheach of familythe leave benefits available for each covered familycircumstances leavespecified reason,in whichsubsection may(2). not be less than 2 weeks during a period of 52 consecutive calendar weeks.

For(b) purposesThe length of thisfamily subsection,leave 52benefits consecutiveavailable calendarfor weekseach covered circumstance, which may not be calculatedless by:than 2 weeks during a period of 52 consecutive calendar weeks.

(a)(c) AWhether calendarthere year;is an uncovered waiting period, and if so, the terms and conditions of the uncovered waiting period, which may include, but are not limited to, whether:

(b) Any fixed period starting on a particular date, such as the effective or anniversary date;

(c) The period measured forward from the employee’s first day of family leave;

(d) A rolling period measured by looking back from the employee’s first day of family leave;

or (e) Any other method specified in the policy.

(7) WAITING PERIOD.—The policy must specify whether there is an unpaid waiting period, and if so, the terms and conditions of the unpaid waiting period, which may include, but are not limited to, whether:

(a) The waiting period runs over a consecutive calendar day Page 6 of 9 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2023 SB 670 4-00846A-23 2023670__ period;

(b) The waiting period is counted toward the annual allotment of family leave benefits or is in addition to the annual allotment of family leave benefits;

(c) The waiting period must be met only once per benefit year or must be met for each separate claim for benefits;

and (d) The employee may work or receive paid time off or other compensation by the employer during the waiting period.

(8) AMOUNT OF FAMILY LEAVE BENEFITS;

OTHER INCOME.— (a) The policy must specify:

The amountperiod ofruns benefitsover thata willconsecutive becalendar paidday forperiod; covered family reasons;

The definitionperiod ofis counted toward the wagesannual allotment of covered family leave benefits or otheris incomein uponaddition whichto the amountannual allotment of covered family leave benefitsbenefits; will be issued;

and 3.

HowThe suchperiod wagesmust orbe othermet incomeonly willonce per benefit year or must be calculated.met for each separate claim for benefits;

(b) If the family leave benefits are subject to offsets for wages or other income received or for which the insured may be eligible, the policy must specify all such wages or other income that may be set off and the4. circumstances under which it may be offset.

(9)The PERMISSIBLEemployee LIMITATIONS, EXCLUSIONS, OR REDUCTIONS.— Eligibility for family leave benefits under this section may bework limited, excluded, or reduced,receive butpaid anytime limitation,off exclusion, or reductionother mustcompensation beduring specified in the policy.period.

Permissible(d) limitations,The exclusions,amount orof reductionsbenefits maythat include,will butbe arepaid notfor limitedcovered to,circumstances anyprovided ofin thesubsection following(2). reasons:

(a)(e) ForThe anydefinition period of family leave wherein the requiredwages noticeor andother medicalincome certificationupon aswhich prescribed in the policyamount hasof notbenefits beenwill provided;be issued.

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Florida Senate - 2023 CS for SB 670 4-00846A-23597-02913-23 2023670__2023670c1 (b)(f) ForHow anysuch familywages leave related to a serious health condition or other harmincome towill abe familycalculated. member brought about by the willful intention of the employee;

(c)(g) ForIf anythe period of family leave duringbenefits are subject to offsets for wages or other income received or for which the employeeinsured performedmay workbe foreligible, remunerationall such wages or profit;other income that may be set off and the circumstances under which it may be offset.

(d)(h) ForThe anyfrequency period of familypayments leavedue for whichcovered thebenefits. employee is eligible to receive from his or her employer, or from a fund to which the employer has contributed, remuneration or maintenance;

(e)(4) ForCALCULATION anyOF period52 ofCONSECUTIVE familyCALENDAR leaveWEEKS.—For inpurposes whichof thethis employeesection, is52 eligibleconsecutive tocalendar receiveweeks benefitsmay underbe anycalculated otherby: statutory program or employer-sponsored program, including, but not limited to, unemployment insurance benefits, workers’ compensation benefits, statutory disability benefits, statutory paid leave benefits, or any paid time off or employer’s paid leave policy;

(f)(a) ForA anycalendar periodyear; of family leave commencing before the employee becomes eligible for family leave benefits under the policy;

or(b) (g)Any Forfixed periodsperiod ofstarting familyon leavea whereparticular moredate, thansuch oneas personthe seekseffective familyor leaveanniversary fordate of the samepolicy; family member.

(10)(c) PAYMENTThe OFemployee’s FAMILYhiring LEAVEdate BENEFITS.—Familyor leaveanniversary benefits provided under this section must be paid periodically and promptly, except as to a contested period of familyhiring leavedate; and subject to any of the limitations, exclusions, or reductions under subsection (9).

(11)(d) INSURANCEThe POLICY.—period (a)measured Ratesforward forfrom policiesthe oremployee’s ridersfirst providingday paidof family leaveleave; benefits must be calculated pursuant to s.

(e) A rolling 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 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.

Permissible limitations, exclusions, or reductions may be made for the following:

(a) For any period wherein the required notice and medical certification as prescribed in the policy has not been provided;

(b) For any leave related to a serious health condition or other harm to a family member brought about by a willful act by Page 6 of 8 CODING:

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words underlined are additions.

Florida Senate - 2023 CS for SB 670 597-02913-23 2023670c1 the employee;

(c) For any period during which the employee performed work for remuneration or profit;

(d) For any period for which the employee is eligible to receive remuneration or maintenance from her or his employer, or from a fund to which the employer has contributed;

(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, or any paid time off or employer’s paid leave policy;

(f) For any period commencing before the employee becomes eligible for family leave benefits under the policy;

(g) For periods where more than one person seeks family leave for the same family member under the same policy, unless the policy specifies otherwise;

or (h) For other reasons specified in the policy.

(6) PAYMENT OF FAMILY LEAVE BENEFITS.—Family leave benefits provided under a policy that complies with this section must be paid periodically and promptly, as specified in the policy, except as to a contested period of family leave and subject to any of the limitations, exclusions, or reductions permitted under subsection (5).

(7) INSURANCE POLICY.— (a) Rates for policies or riders providing paid family leave insurance benefits must be calculated in accordance with the rate standards provided in s.

(b) AForms policyfor issuedpolicies pursuantor riders providing paid family leave insurance benefits are subject to thisreview sectionby maythe offeroffice Page 87 of 98 CODING:

Florida Senate - 2023 SBCS 670 4-00846A-23 2023670__ coverage for paidSB family670 leave597-02913-23 benefits2023670c1 orunder mays. offer paid family leave benefits as a rider to a policy of disability income insurance.

(12)627.410. RULEMAKING.—The commission may adopt rules to administer this section.

Section(c) 6.A policy issued under this section must be issued as provided in s.

624.6086(2).

(8) RULEMAKING.—The commission may adopt rules to administer this section.

Section 4.

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