Work · Paid sick leave
Paid Sick Leave Law in Florida
Whether an employer in Florida must provide paid sick leave, how much you accrue, who is covered, and whether a city ordinance fills the gap where the state has no mandate. Cited to the statute.
What the paid sick leave law requires in Florida
Who must provide it, how leave accrues and caps, and the workers the rule does not reach.
Paid-sick-leave law changes quickly across the country, though Florida has both declined to mandate it and preempted local ordinances. Confirm the current status of Section 218.077 and any new legislation before relying on the absence of a rule.
| What the law requires | What it means |
|---|---|
| No state paid-sick-leave requirement | No Florida statute requires a private employer to provide paid sick leave, paid vacation, or any similar paid time off. Whether to offer it, and on what terms, is left to the employer. Sick leave in Florida is a matter of company policy, not state law. |
| Local governments are preempted | Florida Statutes Section 218.077 bars a county, city, or other political subdivision from requiring an employer to provide employment benefits not otherwise required by state or federal law. The statute names sick leave among the covered benefits, so a Florida city cannot enact its own paid-sick-leave ordinance for private employers. |
| Only company policy or contract creates a right | Because neither the state nor a local government requires it, any paid sick leave a Florida worker has comes from the employer own policy, an employee handbook, or a contract. Once an employer promises paid sick leave in a policy, that promise can be enforceable on its own terms. |
| Where it does not apply | What it means |
|---|---|
| A local government can cover its own workers | Section 218.077 lets a Florida local government provide benefits to its own employees, and to the employees of its contractors and subcontractors on public work. That carve-out reaches public employment, not private employers across the city. |
| Federal unpaid leave still applies | A covered employer must still provide job-protected leave under the federal Family and Medical Leave Act, but that leave is unpaid. The federal law sits on top of Florida silence and does not create a paid-sick-leave right. |
| A multi-state employer may owe leave elsewhere | An employer based in Florida with workers in a state that requires paid sick leave, such as California or New York, must follow that state rule for those workers. Florida having no mandate does not cancel another state law. |
What you can do right now
Concrete, neutral steps around sick leave in Florida. This is legal information, not legal advice.
- Read the employer policy
Since state law is silent, your paid sick leave in Florida comes from the employer own policy. Check the handbook or offer letter for accrual, carryover, and payout terms.
- Do not expect a local ordinance
A Florida city cannot require private employers to provide paid sick leave, because state law preempts it. If someone points you to a local mandate, confirm it applies to private employers, not just government workers.
- Use federal unpaid leave if eligible
If you and your employer are covered by the federal Family and Medical Leave Act, you may take job-protected but unpaid leave for a serious health condition. That is separate from any paid policy.
- Check other states if you work across lines
If you sometimes work in a state that requires paid sick leave, that state rule may reach your hours there even though your employer is in Florida. Where the work happens can matter.
If you were denied leave the law provides, the state labor department takes complaints and can explain the accrual rules and any penalty. Where the state has no mandate, check your city.
→ FloridaCommerce · Reemployment and Labor ServicesThis is general legal information, not legal advice. Accrual, caps, and city ordinances turn on employer size and location, so confirm your situation against the statute.
What workers in Florida get wrong about paid sick leave
Florida does not require employers to provide paid sick leave, and it goes a step further than most states by blocking its own cities from requiring it. No Florida statute makes a private employer offer paid sick leave, paid vacation, or similar time off, so any leave a worker has comes from company policy or a contract. Florida Statutes Section 218.077 then preempts local governments: a county or city may not require an employer to provide employment benefits not otherwise required by state or federal law, and the statute lists sick leave among those benefits. That means a Florida city cannot pass its own paid-sick-leave ordinance for private employers, unlike cities in some no-mandate states that can. The federal Family and Medical Leave Act still provides job-protected leave to eligible workers, but it is unpaid. So in Florida, paid sick leave is a choice an employer makes, not a rule the state or a city imposes.
Common questions
Does Florida require paid sick leave?
No. Florida has no state law requiring a private employer to provide paid sick leave. Any paid sick leave a Florida worker has comes from the employer own policy or a contract.
How much sick leave do you get in Florida?
Whatever the employer chooses to offer. Because state law sets no minimum, the amount, accrual, and carryover all depend on the company policy or an individual agreement.
Can a Florida city require paid sick leave?
No. Florida Statutes Section 218.077 preempts a city or county from requiring an employer to provide employment benefits, including sick leave, beyond state or federal law. A local paid-sick-leave mandate for private employers is barred.
Is there any leave Florida employers must provide?
Covered employers must provide job-protected leave under the federal Family and Medical Leave Act, but that leave is unpaid. Florida itself does not require any paid sick leave.
What if I work in Florida for a company based elsewhere?
Your Florida hours are generally governed by Florida law, which has no mandate. But if you also work in a state that requires paid sick leave, that state rule can apply to the hours worked there.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.