In 2007, the Florida Legislature enacted Fla. Stat. § 741.313 (2007), entitled Unlawful Action Against Employees Seeking Protection. Section 741.313 requires employers in Florida with 50 or more employees to grant domestic violence victims up to three working days leave for certain purposes. These purposes include: obtaining medical care, taking safety measures, attending court to obtain a protection order, or testifying in a criminal case. Section 741.313(3).

Thereafter, the Legislature amended section 741.313, effective July 1, 2008. Ch. 2008-253, Laws of Fla. This amendment extended the employment protection benefits to victims of sexual violence.

In extending the employment protection benefits to victims of sexual violence, section 741.313 integrates definition of sexual violence in Fla. Stat. § 784.046. Section 741.313(1)(e). Section 784.046(1)(c)1-5 defines sexual violence as any act of sexual battery, a lewd or lascivious act committed upon or in the presence of a person younger than 16, luring or enticing a child, sexual performance by a child, or any other forcible felony wherein a sexual act is committed or attempted, regardless of the result of any criminal charges. Section 741.313(1)(e) adds any crime for which the court finds the underlying factual basis to include an act of sexual violence.

In addition to extending benefits for the victims, the Legislature also provided leave and benefits for the family or household member of the victim. The statute uses section 741.28s definition where family or household member means spouse, former spouse, persons related by blood or marriage, persons residing or who have resided together as if a family, and persons who have a child in common regardless of whether they have been married. Fla. Stat. § 741.28(3) (2008).

For further explanation of the statute and its requirements, as well as practice tips as to this statute, see the Emerging Issues Analysis on this topic written by Judge Karan. Subscribers to lexis.com can access the complete commentary at LexisNexis® 2009 Emerging Issues 3420. Additional fees may be incurred.