Florida Crime Victims

Florida Victims of Domestic or Sexual Violence Leave - Fla. Stat. 741.313

Covered Employers: All employers who employ 50 or more employees

Employee Eligibility: All employees who have been employed for 3 or more months

Entitlement: An employer shall permit an employee to take up to 3 working days of leave from work in any 12 month period if the employee or a family or household member of an employee is the victim of domestic violence or sexual violence for the following reasons.

  • To seek a restraining order

  • Obtain medical care of mental health counseling or both for the employee or a family member to address physical or psychological injuries resulting from the act of domestic or sexual violence

  • To obtain services from a victim services organization

  • To make employee's home secure from the perpetrator or to relocate

  • To seek legal assistance or to attend and prepare for court related proceedings arising out of the act of domestic or sexual violence

Qualified family members include spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as a family and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit. Employees must exhaust all annual vacation or sick time unless waived by the employer before utilizing this leave.

Employer Notice: Not Specified

Employee Notice: Except in cases of imminent danger to the health or safety of the employee or to the health or safety of a family or household member, an employee seeking leave from work must provide to his or her employer appropriate advance notice of the leave as required by the employer's policy.

Obligation to Provide Certifications or Documents Supporting Need for Leave: Employee may be required to provide sufficient documentation to support the abuse and the need for leave

Paid? Not specified

Benefits: Not specified

Reinstatement: Not specified , but an employer may not discharge, demote, suspend, retaliate, or in any other manner discriminate against an employee for exercising their rights under this section.

Other Important Definitions/Requirements:

Absence Specifications

Concurrency

  • Only concurrent with Federal FMLA if there is an injury or illness that is an FMLA qualified event

Intake Trigger

  • Personal Protected Leave

Employer eligibility requirements

  • 50 or more employees

Employee Eligibility requirements

  • 3 months of service

  • 0 hours worked

Length of time provided

  • 3 days per 12 months

States

  • Florida