Florida Leave Laws
Florida has no laws requiring employers to provide employees with vacation benefits, either paid or unpaid. If an employer chooses to provide vacation, however, such benefits are considered wages under Florida law.
The rollover policy
- Statutory Provisions Addressing Vacation Pay
The state of Florida has no statute governing the payment of vacation time.
- Use-It-or-Lose-It Policy
Florida allows “use it or lose it” vacation policies and rollover caps.
- Payment of Accrued Vacation on Termination
No state statute addresses payment of accrued vacation on termination. Employer’s policy determines whether the accrued vacation is payable upon the termination of employment.
No federal or state law in Florida requires employers to pay out an employee’s accrued vacation or other paid time off (PTO) at the termination employment.
Maternity, Paternity, FMLA
Florida has no additional laws regarding Maternity and Paternity leave. Expecting and new parents are entitled to leave under the federal Family and Medical Leave Act (FMLA). For more information, look under the section Federal laws, Family and Medical Leave Act.
Jury Duty Leave
Florida employers are required to provide employees with unpaid leave in order to respond to a jury service summons or serve on a jury unless local law requires payment. Florida law prohibits any employer from preventing a person from serving as a juror. Employees are provided with job protection during the leave.
No federal or state law require an employer to provide the employee with paid or unpaid bereavement leave or with any time off to organize or attend a close family member’s funeral.
Florida has no voting leave statute or state law requiring employers to provide employees with both paid or unpaid time off to vote.
Florida law prohibits an employer from firing or threatening to fire any employee for voting or not voting in an election, for a particular candidate, or for a specific ballot measure. An employer that violates this law may be guilty of a third-degree felony. Florida State. 104.081
Employees who are members of the Florida National Guard and are called into active duty by the governor may not be penalized for absence from work. Employees not covered by COBRA whose employment is terminated while on active duty are entitled to a new 18-month benefit period beginning when active duty or job ends, whichever is later. Fla. Stat. Ann. §§ 250.482, 627.6692(h) to (j)
In addition to the Uniformed Services Employment and Reemployment Rights Act (USERRA), Florida law provides job protection, discrimination protection, and reemployment rights for the members of the Florida National Guard or any Reserve component of the U.S. Armed Forces.