Florida Leave Laws



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Vacation Leave

Florida has no laws requiring employers to provide employees with vacation benefits, either paid or unpaid. Florida’s Legislature and its courts are silent regarding any obligation an employer may have regarding vacation leave, including whether an employer must pay an employee accrued vacation leave upon separation from employment. Due to the silence of Florida authorities on the matter of vacation leave, it is likely employers are free to establish the vacation leave policy of their choosing. An employer would be required to comply with the terms of a valid employment contract containing vacation leave provisions.




Sick Leave

In Florida, employers are not required to provide employees with sick leave, either paid or unpaid. If an employer chooses to provide sick leave benefits, it must comply with the terms of its established policy or employment contract.

An employer in Florida may be required to provide an employee unpaid sick leave in accordance with the Family and Medical Leave Act or other federal laws.



Holiday Leave

Florida law does not require private employers to provide employees with either paid or unpaid holiday leave. In Florida, a private employer can require an employee to work holidays. A private employer does not have to pay an employee premium pay, such as 1½ times the regular rate, for working on holidays, unless such time worked qualifies the employee for overtime under standard overtime laws. If an employer chooses to provide either paid or unpaid holiday leave, it must comply with the terms of its established policy or employment contract.

State holidays

Visit our Florida State Holidays page for a list of holidays recognized and observed by the state of Florida as well as information regarding state laws governing holiday leave for public employers and employees.


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Jury Duty Leave

An employer may not discharge, penalize, threaten, or otherwise coerce an employee because the employee receives or responds to a summons or serves as a juror. Florida Stat. 40.271. An employer is not required, however, to pay an employee for responding to a jury summons or for serving on a jury. Florida Stat. 40.24



Voting Leave

Florida law does not require an employer to allow employees time off, paid or unpaid, 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 Stat. 104.081



Bereavement Leave

Florida law does not require employers to provide employees bereavement leave or leave to attend funerals. Bereavement leave is leave that is taken by an employee due to the death of another individual, usually a close relative. Employers may choose to provide bereavement leave and may be required to comply with any bereavement policy or practice they maintain.