Florida Senate - 2021 SB 1838 By Senator Jones 35-00922-21 20211838__ Page 1 of 17 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to employee protections; amending s. 2 443.101, F.S.; providing that individuals who 3 voluntarily leave work for specified reasons are not 4 disqualified from reemployment benefits; revising and 5 providing requirements for such individuals; defining 6 the terms “witness” and “immediate family member”; 7 specifying that the employment record of an employing 8 unit may not be charged for the payment of benefits to 9 such individuals; amending s. 443.131, F.S.; 10 prohibiting the employment record of an employer from 11 being charged for benefits paid to individuals who 12 voluntarily leave work as a result of specified 13 circumstances related to a homicide or individuals who 14 are a witness, or have an immediate family member who 15 is a witness, to certain crimes; amending s. 741.313, 16 F.S.; increasing the amount of leave an employer must 17 allow an employee to take if the employee or a family 18 or household member of the employee is the victim of 19 domestic violence or sexual violence; revising the 20 specified reasons for which an employee may take such 21 leave; revising applicability; creating s. 741.314, 22 F.S.; defining terms; requiring employers to allow 23 employees who are witnesses, who have an immediate 24 family member who is a witness, or who have an 25 immediate family member who is a homicide victim to 26 take leave from work for specified reasons; providing 27 applicability; requiring the employee to notify the 28 employer of the leave and provide the employer with 29

Florida Senate - 2021 SB 1838 35-00922-21 20211838__ Page 2 of 17 CODING: Words stricken are deletions; words underlined are additions. certain documentation; providing requirements relating 30 to annual and vacation leave, personal leave, and sick 31 leave; requiring an employer to keep information 32 relating to an employee’s request for such leave 33 confidential to the extent provided by law; requiring 34 an employer to provide reasonable work accommodations 35 for certain employees; providing an exception; 36 providing requirements for determining reasonable work 37 accommodations; providing requirements for employees 38 requesting reasonable work accommodations; prohibiting 39 employers from taking certain actions against 40 employees who request reasonable work accommodations; 41 providing construction; prohibiting an employer from 42 taking certain actions against an employee for 43 exercising certain rights; providing construction; 44 providing a remedy for violations; providing an 45 effective date. 46 47 Be It Enacted by the Legislature of the State of Florida: 48 49

Section 1. Paragraph (

a) of subsection (1) of

section 50 443.101, Florida Statutes, is amended to read: 51 443.101 Disqualification for benefits.—An individual shall 52 be disqualified for benefits: 53 (1)(

a) For the week in which he or she has voluntarily left 54 work without good cause attributable to his or her employing 55 unit or for the week in which he or she has been discharged by 56 the employing unit for misconduct connected with his or her 57 work, based on a finding by the Department of Economic 58

Florida Senate - 2021 SB 1838 35-00922-21 20211838__ Page 3 of 17 CODING: Words stricken are deletions; words underlined are additions. Opportunity. As used in this paragraph, the term “work” means 59 any work, whether full-time, part-time, or temporary. 60 1. Disqualification for voluntarily quitting continues for 61 the full period of unemployment next ensuing after the 62 individual has left his or her full-time, part-time, or 63 temporary work voluntarily without good cause and until the 64 individual has earned income equal to or greater than 17 times 65 his or her weekly benefit amount.

As used in this subsection, 66 the term “good cause” includes only that cause attributable to 67 the employing unit which would compel a reasonable employee to 68 cease working or attributable to the individual’s illness or 69 disability requiring separation from his or her work. Any other 70 disqualification may not be imposed. 71 2. An individual is not disqualified under this subsection 72 for: 73 a. Voluntarily leaving temporary work to return immediately 74 when called to work by the permanent employing unit that 75 temporarily terminated his or her work within the previous 6 76 calendar months; 77 b.

Voluntarily leaving work to relocate as a result of his 78 or her military-connected spouse’s permanent change of station 79 orders, activation orders, or unit deployment orders; or 80 c. Voluntarily leaving work if he or she proves that his or 81 her discontinued employment is a direct result of circumstances 82 related to domestic violence as defined in s. 741.28, sexual 83 violence as defined in s. 741.313(1), or stalking under s. 84 784.048. An individual who voluntarily leaves work under this 85 sub-subparagraph must: 86 (

I) Make reasonable efforts to preserve employment, unless 87

Florida Senate - 2021 SB 1838 35-00922-21 20211838__ Page 4 of 17 CODING: Words stricken are deletions; words underlined are additions. the individual establishes that such remedies are likely to be 88 futile or to increase the risk of future incidents of domestic 89 violence.

Such efforts may include seeking a protective 90 injunction, relocating to a secure place, or seeking reasonable 91 accommodation from the employing unit, such as a transfer or 92 change of assignment; 93 (II) Provide evidence, such as an injunction, a protective 94 order, medical records, mental health records, a law enforcement 95 report, or other documentation authorized by state law, which 96 reasonably proves that domestic violence has occurred; and 97 (III) Reasonably believe that he or she is likely to be the 98 victim of a future act of domestic violence at, in transit to, 99 or departing from his or her place of employment.

An individual 100 who is otherwise eligible for benefits under this sub-101 subparagraph is ineligible for each week that he or she no 102 longer meets such criteria or refuses a reasonable accommodation 103 offered in good faith by his or her employing unit; or 104 d. If sub-subparagraph c. does not apply, voluntarily 105 leaving work if he or she is a witness, if his or her immediate 106 family member is a witness, or if his or her immediate family 107 member was a victim of homicide and his or her discontinued 108 employment is a direct result of circumstances relating to such 109 crime.

For the purposes of this sub-subparagraph, the terms 110 “witness” and “immediate family member” have the same meanings 111 as in s. 741.314(1). An individual who voluntarily leaves work 112 under this sub-subparagraph must: 113 (

I) Make reasonable efforts to preserve employment, unless 114 the individual establishes that such remedies are likely to be 115 futile or to increase the risk of future victimization. Such 116

Florida Senate - 2021 SB 1838 35-00922-21 20211838__ Page 5 of 17 CODING: Words stricken are deletions; words underlined are additions. efforts may include seeking a protective injunction, relocating 117 to a secure place, or seeking reasonable accommodations from the 118 employing unit, such as a transfer or change of assignment; 119 (II) Provide evidence, such as an injunction, a protective 120 order, medical records, mental health records, a law enforcement 121 report, or other documentation authorized by law or acceptable 122 to the employer, which reasonably verifies that a crime has 123 occurred; and 124 (III) Reasonably believe that he or she is likely to be the 125 victim of a future crime at, in transit to, or departing from 126 his or her place of employment.

An individual who is otherwise 127 eligible for benefits under this sub-subparagraph is ineligible 128 for each week that he or she no longer meets such criteria or 129 refuses a reasonable accommodation offered in good faith by his 130 or her employing unit. 131 3. The employment record of an employing unit may not be 132 charged for the payment of benefits to an individual who has 133 voluntarily left work under sub-subparagraph 2.c. or sub-134 subparagraph 2.d. 135 4.

Disqualification for being discharged for misconduct 136 connected with his or her work continues for the full period of 137 unemployment next ensuing after having been discharged and until 138 the individual is reemployed and has earned income of at least 139 17 times his or her weekly benefit amount and for not more than 140 52 weeks immediately following that week, as determined by the 141 department in each case according to the circumstances or the 142 seriousness of the misconduct, under the department’s rules for 143 determining disqualification for benefits for misconduct. 144 5.

If an individual has provided notification to the 145

Florida Senate - 2021 SB 1838 35-00922-21 20211838__ Page 6 of 17 CODING: Words stricken are deletions; words underlined are additions. employing unit of his or her intent to voluntarily leave work 146 and the employing unit discharges the individual for reasons 147 other than misconduct before the date the voluntary quit was to 148 take effect, the individual, if otherwise entitled, shall 149 receive benefits from the date of the employer’s discharge until 150 the effective date of his or her voluntary quit. 151 6.

If an individual is notified by the employing unit of 152 the employer’s intent to discharge the individual for reasons 153 other than misconduct and the individual quits without good 154 cause before the date the discharge was to take effect, the 155 claimant is ineligible for benefits pursuant to s. 443.091(1)(d) 156 for failing to be available for work for the week or weeks of 157 unemployment occurring before the effective date of the 158 discharge. 159

Section 2. Paragraph (

a) of subsection (3) of

section 160 443.131, Florida Statutes, is amended to read: 161 443.131 Contributions.— 162

(3) VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT 163 EXPERIENCE.— 164 (

a) Employment records.—The regular and short-time 165 compensation benefits paid to an eligible individual shall be 166 charged to the employment record of each employer who paid the 167 individual wages of at least $100 during the individual’s base 168 period in proportion to the total wages paid by all employers 169 who paid the individual wages during the individual’s base 170 period. Benefits may not be charged to the employment record of 171 an employer who furnishes part-time work to an individual who, 172 because of loss of employment with one or more other employers, 173 is eligible for partial benefits while being furnished part-time 174

Florida Senate - 2021 SB 1838 35-00922-21 20211838__ Page 7 of 17 CODING: Words stricken are deletions; words underlined are additions. work by the employer on substantially the same basis and in 175 substantially the same amount as the individual’s employment 176 during his or her base period, regardless of whether this part-177 time work is simultaneous or successive to the individual’s lost 178 employment.

Further, as provided in s. 443.151(3), benefits may 179 not be charged to the employment record of an employer who 180 furnishes the Department of Economic Opportunity with notice, as 181 prescribed in rules of the department, that any of the following 182 apply: 183 1.

If an individual leaves his or her work without good 184 cause attributable to the employer or is discharged by the 185 employer for misconduct connected with his or her work, benefits 186 subsequently paid to the individual based on wages paid by the 187 employer before the separation may not be charged to the 188 employment record of the employer. 189 2.

If an individual is discharged by the employer for 190 unsatisfactory performance during an initial employment 191 probationary period, benefits subsequently paid to the 192 individual based on wages paid during the probationary period by 193 the employer before the separation may not be charged to the 194 employer’s employment record.

As used in this subparagraph, the 195 term “initial employment probationary period” means an 196 established probationary plan that applies to all employees or a 197 specific group of employees and that does not exceed 90 calendar 198 days following the first day a new employee begins work. The 199 employee must be informed of the probationary period within the 200 first 7 days of work. The employer must demonstrate by 201 conclusive evidence that the individual was separated because of 202 unsatisfactory work performance and not because of lack of work 203

Florida Senate - 2021 SB 1838 35-00922-21 20211838__ Page 8 of 17 CODING: Words stricken are deletions; words underlined are additions. due to temporary, seasonal, casual, or other similar employment 204 that is not of a regular, permanent, and year-round nature. 205 3. Benefits subsequently paid to an individual after his or 206 her refusal without good cause to accept suitable work from an 207 employer may not be charged to the employment record of the 208 employer if any part of those benefits are based on wages paid 209 by the employer before the individual’s refusal to accept 210 suitable work.

As used in this subparagraph, the term “good 211 cause” does not include distance to employment caused by a 212 change of residence by the individual. The department shall 213 adopt rules prescribing for the payment of all benefits whether 214 this subparagraph applies regardless of whether a 215 disqualification under s. 443.101 applies to the claim. 216 4.

If an individual is separated from work as a direct 217 result of a natural disaster declared under the Robert T. 218 Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 219 ss. 5121 et seq., benefits subsequently paid to the individual 220 based on wages paid by the employer before the separation may 221 not be charged to the employment record of the employer. 222 5. If an individual is separated from work as a direct 223 result of an oil spill, terrorist attack, or other similar 224 disaster of national significance not subject to a declaration 225 under the Robert T.

Stafford Disaster Relief and Emergency 226 Assistance Act, benefits subsequently paid to the individual 227 based on wages paid by the employer before the separation may 228 not be charged to the employment record of the employer. 229 6. If an individual is separated from work as a direct 230 result of domestic violence, or a direct result of an immediate 231 family member of the individual being a victim of homicide or 232

Florida Senate - 2021 SB 1838 35-00922-21 20211838__ Page 9 of 17 CODING: Words stricken are deletions; words underlined are additions. the individual or his or her immediate family member being a 233 witness, and meets all requirements in s. 443.101(1)(a)2.c. or 234 d., respectively, benefits subsequently paid to the individual 235 based on wages paid by the employer before separation may not be 236 charged to the employment record of the employer. 237

Section 3. Subsections (2) and (3) of

section 741.313, 238 Florida Statutes, are amended to read: 239 741.313 Unlawful action against employees seeking 240 protection.— 241 (2)(

a) An employer must allow shall permit an employee to 242 request and take up to 30 3 working days of leave from work in 243 any 12-month period if the employee or a family or household 244 member of an employee is the victim of domestic violence or 245 sexual violence. Such This leave may be with or without pay, at 246 the discretion of the employer. 247 (

b) This

section applies if an employee uses the leave from 248 work to: 249 1. Seek an injunction for protection against domestic 250 violence or an injunction for protection in cases of repeat 251 violence, dating violence, or sexual violence; 252 2. Obtain medical care or mental health counseling, or 253 both, for the employee or a family or household member to 254 address physical or psychological injuries resulting from the 255 act of domestic violence or sexual violence; 256 3.

Obtain services from a victim services organization, 257 including, but not limited to, a domestic violence shelter or 258 program or a rape crisis center as a result of the act of 259 domestic violence or sexual violence; 260 4. Make the employee’s home secure from the perpetrator of 261

Florida Senate - 2021 SB 1838 35-00922-21 20211838__ Page 10 of 17 CODING: Words stricken are deletions; words underlined are additions. the domestic violence or sexual violence or to seek new housing 262 to escape the perpetrator; or 263 5. Seek legal assistance in addressing issues arising from 264 the act of domestic violence or sexual violence or to attend and 265 prepare for court or court-related proceedings arising from the 266 act of domestic violence or sexual violence; 267 6. Seek a temporary restraining order, protective order, or 268 other injunction for protection; or 269 7.

Make any other arrangements necessary to provide for the 270 safety or psychological well-being of the employee or his or her 271 family or household member following the act of domestic 272 violence or sexual violence. 273

(3) This

section applies to an employer who employs 25 50 274 or more employees and to an employee who has been employed by 275 the employer for 3 or more months. 276

Section

Section 741.314, Florida Statutes, is created to 277 read: 278 741.314 Unlawful action against employees and immediate 279 family members who are witnesses and against immediate family 280 members of homicide victims.— 281

(1) As used in this section, the term: 282 (a) “Domestic violence” includes domestic violence as 283 defined in s. 741.28, stalking under s. 784.048, or any crime 284 the underlying factual basis of which has been found by a court 285 to include

an act of domestic violence or stalking. 286 (b) “Employee” has the same meaning as in s. 440.02(15). 287 (c) “Employer” has the same meaning as in s. 440.02(16). 288 (d) “Immediate family member” means any of the following: 289 1. A parent, child, or sibling of the employee, whether by 290

Florida Senate - 2021 SB 1838 35-00922-21 20211838__ Page 11 of 17 CODING: Words stricken are deletions; words underlined are additions. blood, adoption, or marriage, regardless of the age of the 291 family member or employee; 292 2. A legal guardian of the employee, a person who stands in 293 loco parentis to the employee, or a person who was a legal 294 guardian to the employee or who stood in loco parentis to the 295 employee when the employee was a minor; 296 3.

A person to whom the employee is a legal guardian, to 297 whom the employee stands in loco parentis, or to whom the 298 employee was a legal guardian or stood in loco parentis when the 299 person was a minor; 300 4. A spouse of the employee or an individual who is engaged 301 to be married to the employee; 302 5. A cohabitant of the employee who has a relationship with 303 the employee of a romantic or intimate nature; or 304 6.

A person who lives in the same dwelling unit as the 305 employee who is otherwise related by blood, adoption, or 306 marriage, or a person who has at any time resided in the same 307 dwelling unit as the employee and whose close association is 308 similar to that of a parent, child, sibling, or spouse. 309 (e) “Sexual violence” has the same meaning as in s. 310 741.313(1). 311 (f) “Witness” means a person, including, but not limited 312 to, the victim, who witnesses any part of the commission of a 313 crime that constitutes sexual violence or domestic violence or 314 that causes physical injury, psychological injury with the 315 threat of physical injury, or death to the victim.

The term does 316 not include a person who was the perpetrator of the crime or an 317 accomplice to the crime. 318 (2)(

a) An employer must allow an employee who is not 319

Florida Senate - 2021 SB 1838 35-00922-21 20211838__ Page 12 of 17 CODING: Words stricken are deletions; words underlined are additions. otherwise already eligible for leave under s. 741.313 to request 320 and take up to 30 working days of leave from work in any 12-321 month period if the employee or an immediate family member of 322 the employee becomes a witness in that period or if an immediate 323 family member of the employee becomes a homicide victim in that 324 period. Such leave may be with or without pay, at the discretion 325 of the employer. 326 (

b) This

section applies if an employee uses the leave from 327 work as a result of the crime to: 328 1. Seek an injunction for protection against domestic 329 violence or an injunction for protection in cases of repeat 330 violence, dating violence, or sexual violence; 331 2. Seek a temporary restraining order, protective order, or 332 other injunction for protection; 333 3. Obtain medical care or mental health counseling, or 334 both, for the employee or an immediate family member of the 335 employee to address physical or psychological injuries resulting 336 from the crime; 337 4.

Obtain services from a victim services organization, 338 including, but not limited to, a domestic violence shelter or 339 program or a rape crisis center as a result of the crime; 340 5. Make the employee’s home secure or seek new housing to 341 improve the employee’s or the employee’s immediate family 342 member’s safety or psychological well-being; 343 6. Seek legal assistance in addressing issues arising from 344 the crime or to attend and prepare for court or court-related 345 proceedings arising from the crime; 346 7.

Make arrangements necessitated by the death of an 347 employee’s immediate family member who is deceased as a result 348

Florida Senate - 2021 SB 1838 35-00922-21 20211838__ Page 13 of 17 CODING: Words stricken are deletions; words underlined are additions. of the crime; 349 8. Grieve the death of an employee’s immediate family 350 member who is deceased as a result of the crime; or 351 9. Make any other arrangements necessary to provide for the 352 safety or psychological well-being of the employee or his or her 353 immediate family member as a result of the crime. 354

(3) This

section applies to an employer who employs 25 or 355 more employees and to an employee who has been employed by the 356 employer for 3 or more months. 357 (4)(

a) Except in cases of imminent danger to the health or 358 safety of the employee, or to the health or safety of an 359 immediate family member of the employee, an employee seeking 360 leave from work under this

section must provide to his or her 361 employer appropriate advance notice of the leave as required by 362 the employer’s policy, along with sufficient documentation of 363 the crime as required by the employer. The employer must accept 364 the following as sufficient documentation of the crime: 365 1. A copy of an injunction for protection issued to the 366 employee or the employee’s immediate family member; 367 2.

A copy of an order of no contact entered by the court in 368 a criminal case in which the defendant was charged with 369 committing a crime against the employee or the employee’s 370 immediate family member, or to which the employee or employee’s 371 immediate family member was otherwise a witness; 372 3. A written certification from a domestic violence center 373 certified under

chapter 39 or a rape crisis center as defined in 374 s. 794.055(2) which states that the employee or the employee’s 375 immediate family member was a witness or that the employee’s 376 immediate family member was a victim of homicide; 377

Florida Senate - 2021 SB 1838 35-00922-21 20211838__ Page 14 of 17 CODING: Words stricken are deletions; words underlined are additions. 4. A written certification from a government or nonprofit 378 agency or program that receives moneys administered by the 379 Office of the Attorney General to provide services to victims of 380 or witnesses to crime which states that the employee or 381 employee’s immediate family member was a witness or that the 382 employee’s immediate family member was a victim of homicide; 383 5.

A copy of a law enforcement report documenting the crime 384 and identifying the employee or the employee’s immediate family 385 member as a witness or identifying the employee’s immediate 386 family member as a victim of homicide; 387 6.

A written statement from a marriage and family therapist 388 as defined in s. 394.455, a mental health counselor as defined 389 in 394.455, a physician as defined in s. 458.305(4), a physician 390 assistant as defined in s. 394.455, a psychiatric nurse as 391 defined in s. 394.455, a psychiatrist as defined in s. 394.455, 392 or any other health care practitioner as defined in s. 456.001 393 certifying that the employee or the employee’s immediate family 394 member is receiving or has received treatment as a result of 395 being a witness or as a result of the employee’s immediate 396 family member being a witness, or as a result of the employee’s 397 immediate family member being a victim of homicide; or 398 7.

Any other documentation authorized by law, other 399 documentation that is sufficient to reasonably verify that the 400 crime occurred, or documentation that is otherwise acceptable to 401 the employer. 402 (

b) An employee seeking leave under this

section must, 403 before receiving the leave, exhaust all annual or vacation 404 leave, personal leave, and sick leave, if applicable, that is 405 available to the employee, unless the employer waives this 406

Florida Senate - 2021 SB 1838 35-00922-21 20211838__ Page 15 of 17 CODING: Words stricken are deletions; words underlined are additions. requirement. 407 (

c) An employer may require the employee to take leave 408 allowable under this

section concurrently with any annual or 409 vacation leave, personal leave, and sick leave, if applicable, 410 that is available to the employee. 411 (

d) To the extent allowed by law, employers must maintain 412 the confidentiality of any information relating to a request for 413 leave made by an employee under this section. 414 (5)(

a) An employer must provide reasonable work 415 accommodations if requested by an employee who: 416 1. Is a witness; 417 2. Has an immediate family member who is a witness; or 418 3. Has an immediate family member who was a victim of 419 homicide. 420 (

b) For the purposes of this subsection, reasonable 421 accommodations may include, but are not limited to, the 422 implementation of safety measures, including a transfer, a 423 reassignment, a modified schedule, a new work telephone number, 424 a new work station, an installed lock, assistance in documenting 425 crime that occurs in the workplace, an implemented safety 426 procedure, or another reasonable adjustment to a job structure, 427 workplace facility, or work requirement. 428 (

c) An employer is not required to provide a reasonable 429 accommodation to an employee who has not disclosed his or her 430 status as a witness, as a person with an immediate family member 431 who is a witness, or as a person who has an immediate family 432 member who is a victim of homicide. 433 (

d) The employer must engage in a timely, good faith, and 434 interactive process with the employee to determine effective 435

Florida Senate - 2021 SB 1838 35-00922-21 20211838__ Page 16 of 17 CODING: Words stricken are deletions; words underlined are additions. reasonable accommodations. 436 (

e) In determining whether the accommodation is reasonable, 437 the employer shall consider any exigent circumstance or danger 438 facing the employee. 439 (

f) An employee seeking reasonable accommodations under 440 this subsection must provide to his or her employer sufficient 441 documentation of the crime if requested by the employer. The 442 employer must accept any of the items listed in paragraph (4)(a) 443 as sufficient documentation. 444 (g)1. If circumstances change and an employee needs a new 445 accommodation, the employee must request a new accommodation 446 from the employer. 447 2. Upon receiving such request, the employer shall engage 448 in a timely, good faith, and interactive process with the 449 employee to determine effective reasonable accommodations. 450 (

h) If an employee no longer needs such accommodation, the 451 employee must notify the employer that it is no longer needed. 452 (

i) An employer may not discharge, demote, suspend, 453 retaliate against, or in any other manner discriminate against 454 an employee for requesting a reasonable accommodation under this 455 subsection, regardless of whether the request is granted. 456 (

j) This subsection does not require the employer to 457 undertake an action that constitutes an undue hardship on the 458 employer’s business operations. 459 (

k) To the extent allowed by law, an employer must maintain 460 the confidentiality of all information relating to the 461 employee’s request for reasonable accommodations under this 462 subsection. 463 (6)(

a) An employer may not interfere with, restrain, or 464

Florida Senate - 2021 SB 1838 35-00922-21 20211838__ Page 17 of 17 CODING: Words stricken are deletions; words underlined are additions. deny the exercise of or any attempt by an employee to exercise 465 any right provided under this section. 466 (

b) An employer may not discharge, demote, suspend, 467 retaliate against, or in any other manner discriminate against 468 an employee for exercising his or her rights under this section. 469 (

c) An employee has no greater rights to continued 470 employment or to other benefits and conditions of employment 471 than if the employee was not entitled to leave or reasonable 472 accommodations under this section. This

section does not limit 473 an employer’s right to discipline or terminate any employee for 474 any reason, including, but not limited to, reductions in 475 workforce or termination for cause or for no reason at all, 476 other than exercising his or her rights under this section. 477

(7) Notwithstanding any other law to the contrary, the sole 478 remedy for any person claiming to be aggrieved by a violation of 479 this

section is to bring a civil suit for damages or equitable 480 relief, or both, in circuit court. The person may claim as 481 damages all wages and benefits that would have been due the 482 person up to and including the date of the judgment had the act 483 violating this

section not occurred, but the person may not 484 claim wages or benefits for a period of leave granted without 485 pay as provided in paragraph (2)(a). However, this

section does 486 not relieve the person from the obligation to mitigate his or 487 her damages. 488

Section 5. This act shall take effect July 1, 2021. 489