Florida Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More for 2025

Florida does not have a state-mandated sick leave policy requiring private employers to provide paid or unpaid sick leave. However, many employers voluntarily offer sick leave as part of their benefits package.

• If provided, employers must adhere to their own established policies and comply with any applicable federal standards.
• State preemption prevents local governments from creating sick leave laws different from state law.

Florida adheres to federal Family and Medical Leave Act (FMLA) standards. This law allows eligible employees up to 12 weeks of unpaid leave within a 12-month period for certain family and medical reasons.

• Eligibility Requirements: Employees are eligible if they work for a covered employer (private employers with 50 or more employees) and have worked for at least 12 months and 1,250 hours in the previous year.
• Leave Coverage: FMLA covers serious health conditions, the birth or adoption of a child, or caring for a family member with a serious illness. It guarantees job protection but does not require paid leave.

Florida law does not require employers to provide bereavement leave for employees following the death of a family member.

While not mandatory, some employers may choose to offer bereavement leave as a benefit, often ranging from 3 to 5 days, and they are free to set their own policies on eligibility and duration.

Emergency Response Leave is not specifically addressed in Florida law for private-sector employees, but employers may voluntarily offer leave for emergencies or natural disasters.

Certain protections exist for volunteer firefighters, paramedics, and law enforcement who are called to duty during emergencies, but this does not apply to private-sector workers generally.

Florida does not require private employers to provide paid or unpaid time off for holidays or to pay extra (such as double time) for work performed on holidays.

• Employer Discretion: Employers can choose to observe holidays and set policies for holiday pay, but it is not legally required.
• State Employees: Some state holidays are recognized for public-sector employees, but private employers are not bound by these provisions.

Vacation leave in Florida is not mandated by law; private employers are not required to provide paid or unpaid vacation.

• Employer Policies Govern: Any vacation leave offered is subject to the employer’s own policies, including accrual, carryover, and payout upon termination.
• “Use-It-or-Lose-It” Policies: These policies are allowed in Florida, meaning employers can require employees to use accrued vacation leave by a certain date or risk forfeiting it

Florida protects the rights of employees who are members of the U.S. armed forces, National Guard, or reserves, ensuring their employment rights when called to active duty.

• Job Protection and Reinstatement: State law aligns with the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), guaranteeing job protection and reinstatement rights for those serving in the military.
• Compensation During Leave: Employers are not required to pay employees during military leave, although some may choose to do so voluntarily.

There is no state requirement for employers to provide time off for voting in Florida.

Employers can voluntarily offer leave for voting, but there is no statutory obligation to do so. Employees are encouraged to vote during non-working hours if no policies are in place.

Employers in Florida are required to provide unpaid leave for employees summoned for jury duty.

• Job Protection: Employers cannot penalize employees for taking leave for jury duty. However, the leave is typically unpaid unless the employer chooses to compensate.
• Employer Obligations: Florida law prohibits employers from discharging, threatening, or coercing employees to serve as jurors.

Florida employers can’t discharge employees called to serve as witnesses in legal proceedings.

Florida provides employees who are victims of domestic violence or sexual assault up to 3 days of leave in 12 months.

• Eligibility and Usage: The leave can be used to seek medical attention, obtain legal assistance, relocate, or attend court proceedings.
• Conditions: This leave is generally unpaid, and the employee must give advance notice when possible and use any available paid leave (such as vacation or sick leave) first.

Florida law prohibits local governments from establishing their own minimum wages, which means all counties and municipalities within the state adhere to the state-mandated minimum wage. This preemption law ensures consistency across the state, simplifying compliance for businesses operating in multiple locations.

• Tipped Employees: Tipped workers in Florida can be paid $8.98 per hour, with the assumption that tips will bring their total earnings to at least $12.00 per hour.
• Workers with Disabilities: Employers may pay workers with disabilities less than the minimum wage under specific conditions, provided they have a certificate from the U.S. Department of Labor.
• Full-Time Students and Learners: Full-time students working in retail, service, or agriculture can be paid at 85% of Florida’s minimum wage under federal guidelines.

Certain categories of workers are exempt from Florida’s minimum wage requirements, primarily following federal exemptions under the Fair Labor Standards Act (FLSA).

These include employees in specific roles, such as executives, administrators, professionals, and some agricultural workers, are often exempt from minimum wage laws based on their job duties, salary level, and payment structure

Florida is an “at-will” employment state, meaning employers can terminate an employee at any time, for any reason (except for illegal reasons), and without warning, just as employees are free to quit at any time.

Limitations: Despite this flexibility, employers must adhere to anti-discrimination laws and other employment regulations that protect certain classes and rights

Florida is also a “right-to-work” state, meaning employees are not required to join a union or pay union dues as a condition of employment. This law aims to give employees the freedom to choose whether or not to engage in union activities.

Background Checks: Employers may perform background checks on job applicants but must comply with the Fair Credit Reporting Act (FCRA). Consent is required before obtaining background information, and applicants have the right to dispute inaccuracies.

Drug Testing: Florida employers are permitted to require drug testing both during the hiring process and throughout employment. Employers must give notice and provide a copy of the company’s drug-free workplace policy if they choose to conduct drug tests

• Federal and State Protections: Employers must comply with federal Equal Employment Opportunity (EEO) laws prohibiting discrimination based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, or genetic information.
• Florida Civil Rights Act: The Florida Civil Rights Act extends protections to include marital status and the AIDS/HIV status of employees.