Understanding Florida leave laws and holiday entitlements for 2025 is crucial for both employers and employees alike. While Florida does not have state-mandated paid leave policies, businesses and workers must navigate a mix of federal guidelines, company-specific policies, and state regulations that influence workplace benefits. Using an efficient PTO tracker, like Day Off, can help streamline the process of managing leave. This article will provide a comprehensive overview of the leave types available, including paid time off (PTO), sick leave, and family leave, alongside public holidays observed in Florida. By understanding these rules, employers can remain compliant, and employees can better plan their time off in the year ahead.
Paid Time Off (PTO) in Florida
Florida continues to have no state-mandated paid time off (PTO) requirements, leaving the establishment of PTO policies up to individual employers. Despite the absence of state regulations, most companies in Florida offer PTO, including vacation days, to attract and retain employees. The structure of PTO policies generally revolves around key components such as leave quota, accrual, rollover, and payment of unused vacation upon termination.
Leave Quota
The leave quota, or the number of days an employee is entitled to for PTO, is typically set by employers. This quota varies based on factors like job role, length of employment, and company policy. While many organizations offer an average of 10–15 days of PTO annually for full-time employees, this number may increase with seniority or job position.
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PTO is often accrued over time, meaning employees earn a portion of their PTO with each pay period or month worked. For example, an employee may accrue PTO at a rate of 1.25 days per month, which totals 15 days per year. Some companies may also offer front-loaded PTO, where employees receive their full quota of time off at the beginning of the year. Accrual policies are entirely at the discretion of the employer.
Rollover
Rollover policies refer to whether unused PTO can be carried over into the next year. In Florida, the rollover of unused PTO is dependent on company policies, as there are no state laws mandating it. Some employers may allow a certain number of unused days to be rolled over, while others may impose a “use it or lose it” policy, where unused days expire at the end of the year. Alternatively, some companies may cap the total amount of accrued PTO to prevent excessive accumulation.
Payment of Accrued, Unused Vacation on Termination
Florida law does not require employers to pay employees for accrued, unused PTO upon termination unless specified by the company’s policies. However, many businesses choose to include this payment as part of their employment agreements. If an employer has a written policy or contract promising payout of unused vacation upon termination, they are legally obligated to honor it. Otherwise, the payout of unused PTO is left to the discretion of the employer.
Sick Leave in Florida
Federal Laws
While no federal law mandates paid sick leave for all employees, certain provisions under federal law protect workers’ right to unpaid leave in specific circumstances:
1. Family and Medical Leave Act (FMLA)
The FMLA allows eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for serious health conditions, the care of a family member with a serious illness, or the birth/adoption of a child. While FMLA does not guarantee paid sick leave, it ensures employees can take time off without losing their job or health benefits.
Eligibility requirements include:
- Working for a covered employer (private-sector employers with 50 or more employees, public agencies, and schools).
- Having worked for the employer for at least 12 months.
- Accumulating at least 1,250 hours of service during the previous 12 months.
The FMLA does not impose a specific sick leave quota but provides unpaid leave for certain qualifying medical conditions.
2. Families First Coronavirus Response Act (FFCRA)
Although the FFCRA initially provided paid sick leave during the COVID-19 pandemic, its mandatory paid sick leave provisions expired at the end of 2020. However, employers may still voluntarily offer paid sick leave under the FFCRA guidelines, with tax credits available for businesses that choose to do so.
State Laws
Florida does not have any state laws that mandate paid or unpaid sick leave for private-sector employees. Local governments in Florida are also prohibited from enacting sick leave ordinances, making it one of the states where employers have complete discretion in offering sick leave benefits.
However, many businesses in Florida voluntarily provide sick leave to employees as part of their benefits package to attract and retain talent. These policies are defined at the company level and vary in terms of accrual rates, leave quotas, and rollover rules. Employers are encouraged to clearly outline their sick leave policies in employee handbooks to avoid misunderstandings.
Domestic Violence Leave in Florida
Florida continues to offer protections for employees experiencing domestic violence through the Florida Domestic Violence Leave Act. This state law ensures that employees are entitled to take time off from work to address issues related to domestic violence, providing support to those facing difficult personal circumstances.
Eligibility for Domestic Violence Leave
Under Florida leave laws, employees who work for an employer with 50 or more employees are eligible to take domestic violence leave. This law applies to both full-time and part-time employees, and it offers the following protections:
- Up to 3 days of leave per calendar year is provided for employees to handle domestic violence-related matters.
- Employees must provide reasonable advance notice to their employer when possible, except in emergencies where prior notice may not be feasible.
Reasons for Taking Domestic Violence Leave
Domestic violence leave is granted for a variety of purposes related to protecting an employee’s safety and well-being. Employees can use this leave to:
- Seek medical treatment or counseling for physical or psychological injuries resulting from domestic violence.
- Obtain legal assistance or prepare for legal proceedings related to domestic violence, such as seeking an injunction for protection.
- Attend court hearings or take other legal action in response to domestic violence.
- Relocate to ensure the employee’s safety and the safety of their family members.
- Seek services from a domestic violence shelter or other social service agencies.
Job Protection and Confidentiality
Florida law ensures that employees taking domestic violence leave have their jobs protected. Employers are prohibited from retaliating against employees for taking this leave. While the leave is unpaid, employees may use any accrued paid leave, such as vacation or sick leave, to cover the time off.
Additionally, all information provided to the employer regarding domestic violence leave must be kept confidential. Employers are required to safeguard the privacy of the employee’s situation and cannot disclose any details without the employee’s permission, except when legally required.
Additional Protections for Domestic Violence Survivors
While Florida does not mandate that domestic violence leave be paid, the law allows employees to utilize other available paid leave (like PTO or sick leave) during their absence. Furthermore, employees are entitled to return to the same or equivalent position after taking leave, ensuring job security and continuity.
Maternity, Paternity, FMLA in Florida
Federal Laws
The Family and Medical Leave Act (FMLA) is the most significant federal law offering protections for new parents, both mothers and fathers, in Florida and across the U.S. It provides unpaid, job-protected leave under specific conditions:
1. Family and Medical Leave Act (FMLA)
The FMLA allows eligible employees to take up to 12 weeks of unpaid leave per year for various family and medical reasons, including:
- The birth of a child and care for the newborn.
- Adoption or foster care placement of a child.
- Caring for a spouse, child, or parent with a serious health condition.
- A serious health condition that makes the employee unable to perform essential job functions.
Eligibility Requirements for FMLA:
- The employee must work for a covered employer (public agencies, schools, and private employers with 50 or more employees).
- They must have worked for the employer for at least 12 months.
- The employee must have completed at least 1,250 hours of work during the past 12 months.
While the FMLA guarantees job protection, it does not mandate paid leave. However, employees may use accrued vacation or sick leave during their FMLA leave if permitted by their employer.
Additional State Laws in Florida
Florida does not have additional state laws that require private employers to provide paid or unpaid maternity and paternity leave beyond the FMLA provisions. However, some state-specific nuances and protections apply to public sector employees and employers:
1. Public Sector Employees
While private sector employees rely solely on federal FMLA protections, Florida public sector employees may have access to more generous leave options depending on their agency or municipality. Public employees should consult their specific employer policies, as some government agencies provide extended or additional paid leave options.
2. Discrimination Protections
Florida employers must comply with both state and federal anti-discrimination laws. Under the Florida Civil Rights Act (FCRA) and federal Pregnancy Discrimination Act (PDA), employers cannot discriminate against employees based on pregnancy, childbirth, or related medical conditions. This means that pregnant employees must be treated the same as other employees with temporary disabilities in terms of leave policies and job accommodations.
3. Use of Paid Time Off (PTO)
Although Florida does not mandate paid leave for maternity or paternity purposes, employers are often required to allow employees to use any available accrued Paid Time Off (PTO) or sick leave during their FMLA leave. This allows employees to receive some level of income replacement during their time away from work, even though the leave itself may be unpaid.
Bereavement Leave in Florida
In 2025, Florida leave laws does not have state-mandated bereavement leave laws requiring employers to provide time off for employees who experience the death of a loved one. However, many employers in Florida voluntarily offer bereavement leave as part of their benefits packages. Typically, bereavement leave allows employees to take anywhere from 3 to 5 days off to grieve and manage funeral arrangements or other matters related to the loss of a family member. The specifics of bereavement leave, including duration and whether the leave is paid or unpaid, are determined by the employer’s policies. Employees are encouraged to review their company’s leave policy for details on how bereavement leave is handled in their workplace.
Jury Duty Leave in Florida
In 2025, Florida leave laws requires employers to provide unpaid Jury Duty Leave to employees who are called to serve as jurors. While the law does not mandate that employers pay employees during their time on jury duty, many companies choose to offer paid leave as part of their benefits package. Employees are protected from termination, threats, or coercion related to their jury service, ensuring job security during this civic duty. To be eligible for jury duty leave, employees must provide their employer with a copy of the jury summons in advance. Upon completing jury service, employees are entitled to return to their previous position without any loss of seniority or benefits.
Military Leave in Florida
In 2025, Military Leave in Florida is governed by both federal and state laws, offering strong protections for employees who serve in the military. Under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), Florida employees who are called to active duty, training, or other military obligations are entitled to unpaid leave with job protection. Upon completion of military service, employees have the right to be reinstated to their previous position or a comparable one with the same seniority, pay, and benefits. Additionally, Florida state law provides further protections for public employees, including up to 30 days of paid leave per year for military training. Employers are prohibited from discriminating against employees based on their military service, and employees can use any accrued paid time off (PTO) during their military leave if desired.
Voting Leave in Florida
In 2025, Florida does not have specific state laws requiring employers to provide paid or unpaid time off for employees to vote. However, employers are encouraged to support their employees in fulfilling their civic duty by offering flexible work schedules on election days. Some businesses may choose to provide voluntary paid or unpaid time off for voting. Florida’s polls are typically open from 7 a.m. to 7 p.m., allowing employees to vote before or after work. Additionally, employees can take advantage of early voting or absentee ballots to ensure they have the opportunity to vote without missing work. Employers are encouraged to create policies that support employee participation in elections while maintaining business operations.
Florida State Holidays in 2025
In 2025, Florida observes several state holidays, during which many businesses, schools, and government offices close or operate on limited schedules. These holidays typically align with national public holidays.
Holiday
New Year’s Day
Martin Luther King Jr. Day
Presidents’ Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans Day
Thanksgiving Day
Day After Thanksgiving (Black Friday)
Christmas Day
Date
Wednesday, January 1
Monday, January 20
Monday, February 17
Monday, May 26
Friday, July 4
Monday, September 1
Monday, October 13
Tuesday, November 11
Thursday, November 28
Friday, November 29
Thursday, December 25