Quick Answer
Comprehensive guide to Florida leave laws covering FMLA, domestic violence leave, jury duty, and what Florida employers are required to provide for employee time off.
Florida has minimal state-mandated leave requirements, with most protections coming from federal law. Unlike states with paid family leave programs, Florida doesn't require paid sick leave or paid family leave. However, federal FMLA applies to eligible workers, and Florida has specific protections for domestic violence victims.
Quick Facts: Florida Leave Laws
| Leave Type | Required in Florida? |
|---|---|
| Paid sick leave | No state requirement |
| Paid family leave | No state requirement |
| FMLA (unpaid) | Yes (federal law) |
| Domestic violence leave | Yes (limited) |
| Jury duty leave | Yes (unpaid) |
No State-Mandated Paid Leave
Florida Does NOT Require
- Paid sick leave
- Paid family leave
- Paid vacation
- Paid holidays
- Paid bereavement leave
Local Ordinances Preempted
Florida law prevents local governments from mandating paid leave.
Federal Family and Medical Leave Act (FMLA)
FMLA Applies in Florida
Up to 12 weeks unpaid, job-protected leave for:
- Your own serious health condition
- Care for family member with serious health condition
- Birth and bonding with newborn
- Adoption or foster placement
- Military family leave
Eligibility
- 12+ months with employer
- 1,250+ hours worked in past 12 months
- Location with 50+ employees within 75 miles
Rights During/After Leave
- Health insurance continues
- Same or equivalent job upon return
- No retaliation permitted
Domestic Violence Leave
Florida Statute 741.313
Up to 3 days of leave annually for:
- Seeking injunction for protection
- Obtaining medical care
- Obtaining mental health services
- Securing housing
- Seeking legal assistance
Requirements:
- Employers with 50+ employees
- Can be unpaid
- Reasonable advance notice when foreseeable
- Employer can require documentation
Jury Duty Leave
Requirements
- Employers must allow time off for jury duty
- Cannot fire, threaten, or penalize employee
- No requirement to pay during service
Military Leave
USERRA Applies
- Right to leave for military service
- Job protection during service
- Reinstatement upon return
Practical Considerations
If Leave Is Denied
- Verify FMLA eligibility
- Review employer policies
- Request written explanation
- File DOL complaint if violated
- Consult an attorney
FMLA Complaints
File with Department of Labor:
- Phone: 1-866-487-9243
- Website: dol.gov{rel="nofollow"}
Common Questions
Does Florida require paid sick leave?
No. Florida has no state law requiring paid sick leave.
Can I be fired for taking FMLA leave?
No. If eligible, you have job protection. Retaliation is illegal.
What about small employers?
FMLA doesn't apply to employers with fewer than 50 employees.
Finding Legal Help
Free Resources
- Department of Labor: dol.gov | 1-866-487-9243
- Florida Legal Services: floridalegal.org
Related Resources
Legal Disclaimer
This guide provides general information about Florida leave laws and is not legal advice. For advice about your situation, consult a licensed Florida employment attorney.
Official Resources:
- Department of Labor FMLA: https://dol.gov/agencies/whd/fmla