Florida doesn’t require employers to provide employees with paid time off (PTO). Or even unpaid time off. This means private employers have to default to federal leave laws.
However, Florida employers are legally obligated to follow the contracts they make with employees. So, for instance, if the contract says an employee gets PTO payouts at the end of each year, employers must honor that.
Here’s what employers need to know about leave laws in Florida.
Florida PTO Laws Leave it Up to Employers
While it’s common for employers to provide PTO in Florida, it’s not required under state or federal law.
Still, it’s always a best practice to offer it. PTO comes with a multitude of benefits, not only to your employees but also to your company. First, if you don’t give employees enough sick leave, they’re more likely to come to work when they feel sick.
This raises the chance they’ll spread the sickness to other workers. And that, in turn, results in lower productivity across your organization. No one wins when employees try to work through sickness.
At Stone Press, we don’t separate sick days and vacation days. You get three weeks of PTO per year to use for whatever you want. (We also offer jury duty leave and bereavement leave as separate policies.)
We encourage you to give your Florida employees a generous PTO policy, too. Just make sure you choose something that truly works for your company.
Once the policy is in writing, you’re honor-bound to stick to it. Not only will this protect you legally, but if you’re not following the policies outlined in your employee handbook, news about the flakiness will spread. You’ll find it hard to attract top talent if you don’t follow through on your policies.
And if it’s in an employee contract, you’re legally bound to honor it as per Florida’s statutes on written agreements between two or more parties.
PTO policy considerations
Ready to fine-tune your PTO policy? Here’s what you should include—and exclude—in your employment agreement or handbook.
Accruals
As an employer, you must decide whether your employees can accrue paid time off while they are on PTO. If PTO does not accrue during leave, employees could lose a significant amount of PTO each year. This is especially true for companies with generous leave policies. We recommend letting PTO accrue during PTO.
Rollover/Carryover
Employers can choose from several methods for resetting PTO. The lump-sum model provides all PTO at once with options for resetting annually on a specific date. This could be a company-wide date or on each employee’s hiring anniversary.
Or, if you allow accrual up to a certain point, it could mean not resetting PTO at all. Our guide to PTO reset options can help you decide what method works best for you.
Payouts Upon Severance
Unlike some states, Florida doesn’t require you to pay out unused PTO when an employee parts ways with the company. But if you do decide to offer PTO payouts, you must follow through or risk landing in legal hot water. So make sure your PTO payout policy is crystal clear. And then follow it to the letter.
Cash outs
A PTO cash out is when employees get cash for unused PTO if they don’t use it by a certain date. Although this might seem beneficial on the surface—it gives employees the option to get a bit of extra money, after all—there’s a huge risk that employees taking cash outs (instead of actual vacations) will inevitably lead to burnout.
Think carefully about whether you want to create a work culture that makes rest a priority or not. Providing incentives for them not to use their PTO can lead to an unhealthy workplace with high turnover. Encouraging them to take time off instead of cashing it out does the opposite.
Sick Leave
States like California, New Mexico, and Vermont have already enacted paid sick leave laws. Many cities and counties have, too. Before you publish your PTO policy, make sure you’re following any laws that apply to your employees. If local laws allow, we recommend combining all paid time off into one system, like we do.
For instance, Vermont employees must accrue one hour of sick time for every 52 hours of work, overtime included, and the number caps at 40. Employers can offer more, but they don’t have to.
PTO Donations
PTO donations sound good in theory. They allow employees to give their unused PTO to colleagues who need it but already used their PTO or don’t have enough to cover an urgent situation.
But these programs cause more damage than good. They pressure employees into donating their own PTO to help a friend in need, sacrificing their own rest and wellness. Instead, companies should have flexible leave policies that support all employees during emergencies. We recommend not allowing PTO donations.
Instead, build a solid bereavement leave policy. And know that your HR team will need to review some situations on a case-by-case basis. No leave policy can cover every possible situation.
PTO Start Date
Florida has no laws dictating when employers can start offering PTO. As long as you’re prepared to follow your own policy or employee agreement, you can do whatever you want. Some employers require a 90-day probationary period before PTO begins accruing. Others give a lump sum of PTO right away.
Each one comes with benefits and drawbacks. Explore our guide to offering PTO accrual versus a lump sum to figure out what the best option would be for your business.
Unpaid Leave Laws in Florida
Along with PTO, there are unpaid leave laws to follow as an employer. Unpaid leave is when an employee is allowed to be away from work with job protection but without pay. It’s often used for longer absences due to personal, family, or medical reasons.
Here’s what you should know about unpaid leave laws that apply to Florida employees.
Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA) is a federal law that allows employees to take up to 12 unpaid, job-protected weeks off work every year. Employees can use FMLA leave for all sorts of situations, from adopting a child to caring for a sick family member. During the leave, they must continue to receive any health insurance benefits you provide as part of their employment.
When taking FMLA for a foreseeable situation, like childbirth or surgery, employees need to give you 30 days’ notice. But if something unexpected happens, the 30-day rule doesn’t apply. They just have to inform you as soon as they can.
So who’s eligible for FMLA?
According to the federal government, an employee is eligible if they:
- Have worked for their employer for at least 12 months (at least 1,250 hours over the past 12 months)
- Work at a location where the company employees 50 or more employees within a 75-mile radius
Make sure you’re prepared to provide this leave if you meet the 50-employee requirement.
Bereavement Leave
There’s no bereavement leave law in Florida, but it’s a good practice to offer a generous bereavement leave policy that gives employees time to breathe and heal before they come back to work.
Even better if you offer flexible work options, like allowing employees to work from home when needed, for the first year or so after a death. Here’s how to put a bereavement leave policy together.
Jury Duty
Florida doesn’t have a jury duty leave law per se, but the state prohibits employers from taking away employees’ jobs if they’re summoned for jury duty. No matter how long the jury duty lasts, employers can’t threaten to fire employees or otherwise punish them for missing work.
While there’s no state law that requires employers to pay employees for work even on jury duty days, some county ordinances do. Courts don’t generally give people a pass on jury duty because of the prospect of lost wages. The onus is on you to make sure your employees are taken care of.
Voting Leave
Florida doesn’t offer any voting leave laws that protect a worker’s right to vote.
Still, it’s good practice to offer at least an hour, if not two, for employees to vote on Election Day.
Military Leave
Florida may not provide voting leave, but it does require public employers to offer unpaid military leave.
For private employers, there’s the Uniformed Services Employment and Reemployment Rights Act (USERRA) to follow. This federal law gives members of the armed forces even more protection. Under USERRA, service members must be able to go back to their civilian jobs with the same status, pay, and benefits as before.
