Florida's New Domestic Violence Leave Law

The new domestic leave law also includes a retaliation provision that prohibits employers from taking any disciplinary action against the employee for exercising rights under the statute. The remedies for damages to an employee aggrieved under the new statute is limited to a civil suit for damages based on lost compensation between the retaliatory act and the date of the trial, or equitable relief.

As a result of this new law, Florida employers should immediately revise their leave policies to reflect whether employees will be required to exhaust other types of leave before taking leave under the new statute, whether the leave will be paid, and what type of notice and documentation of domestic violence will be required. Additionally, employers will need to take steps to ensure that any information regarding the request for domestic violence leave is kept confidential.

Mark A. Addington is an employment attorney, representing employers exclusively, with Fowler White Boggs Banker P.A. in Jacksonville, FL. He can be reached at [email protected] or 904-598-3124.

On July 1, 2007, Florida became one a handful of states that require employers to provide leave to employees to deal with domestic violence. The new law creates ' 741.313, Florida Statutes, requiring certain employers with 50 or more employees to provide leave for employees to deal with domestic violence issues. An employee may take up to three days leave within a 12-month period if the employee, or a family or household member, is the victim of domestic violence and the leave is sought to:

• seek an injunction for protection against domestic violence or repeat violence, dating violence, or sexual violence;
• obtain medical care or mental health counseling or both for the employee or a family or household member to address injuries resulting from domestic violence;
• obtain services from victims services organizations such as a domestic violence shelter or rape crisis center;
• make the employee's home secure from the perpetrator of domestic violence or find a new home to escape the perpetrator;
• seek legal assistance to address issues arising from domestic violence or attend or prepare for court related proceedings arising from the act of domestic violence.

Employees must use any available annual or vacation leave, personal leave, and sick leave prior to using the leave provided under the statute unless the employer elects to waive this requirement. Employers may also decide whether the leave taken will be paid. The new law covers both public and private sector employers and adopts some of its definitions from Florida's domestic violence statutes, which are broader in some respects than other employee leave laws.

Except in cases of imminent danger, employers can request that the employee provide advance notice of the leave. Employers may also enforce leave policies that govern documentation of the domestic violence. The reasonableness of employers' notice and documentation policies may become the subject of future litigation. All information relating to the leave and/or domestic violence must be kept confidential.

Retaliation Provision

The new domestic leave law also includes a retaliation provision that prohibits employers from taking any disciplinary action against the employee for exercising rights under the statute. The remedies for damages to an employee aggrieved under the new statute is limited to a civil suit for damages based on lost compensation between the retaliatory act and the date of the trial, or equitable relief.

As a result of this new law, Florida employers should immediately revise their leave policies to reflect whether employees will be required to exhaust other types of leave before taking leave under the new statute, whether the leave will be paid, and what type of notice and documentation of domestic violence will be required. Additionally, employers will need to take steps to ensure that any information regarding the request for domestic violence leave is kept confidential.

Mark A. Addington is an employment attorney, representing employers exclusively, with Fowler White Boggs Banker P.A. in Jacksonville, FL. He can be reached at [email protected] or 904-598-3124.