Florida Paid Leave Laws: Sick Leave, Family Leave & FMLA (2026)

The Family and Medical Leave Act (FMLA) is the primary protection governing family and medical leave for Florida workers. Because Florida has no state paid leave program and no mandatory paid sick leave statute, the federal FMLA constitutes the baseline legal entitlement for leave in Florida for all covered employers and eligible employees.

FMLA Coverage and Eligibility in Florida

Florida FMLA eligibility follows the federal statute without state-level modification. Covered employers under federal FMLA include all private-sector employers that employ 50 or more employees within 75 miles for at least 20 workweeks in the current or preceding calendar year, all public agencies (regardless of size), and all public and private elementary and secondary schools.

Eligible employees must satisfy three conditions: (1) employment by a covered employer for at least 12 months (not necessarily consecutive), (2) a minimum of 1,250 hours worked during the 12-month period immediately preceding the start of leave, and (3) employment at a worksite where the employer employs 50 or more employees within a 75-mile radius.

Upon satisfaction of these requirements, eligible employees are entitled to up to 12 workweeks of unpaid, job-protected leave in any 12-month period, with continuation of group health insurance coverage on the same terms as if leave had not been taken. Employers must restore returning employees to the same position or an equivalent position with equivalent pay, benefits, and other terms and conditions of employment.

Source: U.S. DOL FMLA — https://www.dol.gov/agencies/whd/fmla · 29 U.S.C. § 2611 et seq.

Qualifying Reasons Under FMLA in Florida

FMLA leave in Florida is available for the following qualifying reasons:

Standard leave (up to 12 workweeks per 12-month period):

• Birth of a child and care for the newborn within one year of birth
• Placement of a child with the employee for adoption or foster care and care for the child within one year of placement
• Care for the employee’s spouse, child, or parent who has a serious health condition
• A serious health condition that renders the employee unable to perform the essential functions of the job
• A qualifying exigency arising from a covered family member’s active duty military service

Military caregiver leave (up to 26 workweeks during a single 12-month period):

• Care for a covered servicemember with a serious injury or illness, if the employee is the servicemember’s spouse, son, daughter, parent, or next of kin

A “serious health condition” under FMLA means an illness, injury, impairment, or physical or mental condition involving inpatient care or continuing treatment by a health care provider. Common qualifying conditions include childbirth and related complications, cancer, heart disease, stroke, severe anxiety disorders, and other conditions requiring ongoing medical treatment.

Source: U.S. DOL FMLA — https://www.dol.gov/agencies/whd/fmla · 29 C.F.R. § 825.113

Is FMLA Paid or Unpaid in Florida?

FMLA leave is unpaid. The statute provides job protection and continuation of group health insurance benefits, but does not require wage replacement during the leave period. Florida does not have a state paid family and medical leave program that would run concurrently with FMLA to provide wage replacement.

Employees may use accrued paid leave concurrently with FMLA leave under two circumstances: (1) voluntarily, if the employee chooses to apply available PTO, sick, or vacation time to the FMLA absence, or (2) mandatorily, if the employer’s existing paid leave policy requires substitution of accrued paid leave for unpaid FMLA leave. The use of paid leave does not extend the 12-week FMLA entitlement period; paid and FMLA leave run concurrently.

Source: U.S. DOL FMLA — https://www.dol.gov/agencies/whd/fmla · 29 C.F.R. § 825.207

Does FMLA Apply to Small Businesses in Florida?

FMLA does not apply to private employers with fewer than 50 employees within a 75-mile radius. Florida has no state family leave law with a lower employer-size threshold; there is no Florida statute extending FMLA-equivalent protections to employees at small businesses. Employees working for employers with fewer than 50 employees in Florida have no state or federal entitlement to job-protected leave for family or medical reasons beyond any employer-provided policy or voluntary paid family leave insurance the employer may have purchased under Fla. Stat. § 627.445.

Employers with 15 or more employees remain subject to the federal Pregnancy Discrimination Act (PDA), which prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Employers with 50 or more employees are also subject to FMLA’s notice and recordkeeping obligations. The U.S. Department of Labor provides compliance resources for small employers at https://www.dol.gov/agencies/whd/compliance-assistance/small-business.

Source: U.S. DOL FMLA — https://www.dol.gov/agencies/whd/fmla · 29 U.S.C. § 2611(4)

FMLA Notice and Employer Obligations in Florida

Florida employers covered by FMLA must comply with a series of notice and procedural obligations established by the U.S. Department of Labor:

Posting requirement: Covered employers must post the official FMLA notice (WHD Publication 1420) in a conspicuous location accessible to employees and applicants. The current poster is available at https://www.dol.gov/agencies/whd/posters.

Individual employee notice: When an employee’s leave qualifies as FMLA leave, the employer must provide written notice of FMLA designation within 5 business days of the leave request, or of learning that the leave may qualify.

Eligibility notice: Within 5 business days of the leave request, the employer must notify the employee of their eligibility status and inform them of their rights and responsibilities under FMLA.

Certification: Employers may require employees to provide medical certification from a health care provider to substantiate a request for FMLA leave for a serious health condition. The employee has 15 calendar days to provide certification. Employers may request second or third opinions at their expense under specified circumstances.

Recordkeeping: Covered employers must maintain FMLA-related records for at least 3 years and make those records available to the U.S. DOL Wage and Hour Division upon request.

Source: U.S. DOL FMLA regulations — 29 C.F.R. Part 825; WHD Fact Sheet #28 — https://www.dol.gov/agencies/whd/fact-sheets/28-fmla

How FMLA Interacts with Florida’s Domestic Violence Leave

Florida’s domestic violence leave statute (Fla. Stat. § 741.313) provides a separate, state-law entitlement for employees — and family or household members of employees — who are victims of domestic violence or sexual violence. Covered employers with 50 or more employees must permit up to 3 working days of leave in any 12-month period for qualifying purposes including seeking an injunction, obtaining medical or mental health care, accessing victim services, securing housing, or attending legal proceedings. This leave may be paid or unpaid at the employer’s discretion.

Where an employee’s domestic violence situation also constitutes a “serious health condition” under FMLA, the two leave entitlements may run concurrently. The domestic violence leave statute under § 741.313 provides a separate and independent entitlement and applies to any employer with 50 or more employees, tracking the same employer threshold as FMLA.

Source: Fla. Stat. § 741.313 — https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.313.html · U.S. DOL FMLA — https://www.dol.gov/agencies/whd/fmla