As of 2025, Florida does not have a statewide law mandating paid sick leave for private-sector employees. Employers can choose to offer paid or unpaid sick leave, but there is no requirement for it under state law. Moreover, local ordinances are prohibited from establishing their own paid sick leave requirements, ensuring uniformity across the state.
Private-Sector Policies: Completely Optional
• Employer Discretion
- Private employers decide whether to provide sick leave benefits—paid, unpaid, or bundled into PTO (Paid Time Off) .
- Many use accrual systems (e.g., 1 hour of leave per 30 hours worked) or front-loaded allotments (e.g., annual lump sum).
• PTO Structures
- PTO packages often combine sick, vacation, and personal days.
- Accrual models vary—some allow rollover of unused time; others adopt a “use-it-or-lose-it” policy.
- Policies are individualized and must be clearly stated in employment handbooks or contracts.
Public-Sector Exceptions
Public-sector employees—those working for state or local governments—typically receive paid sick leave. These accruals are often based on tenure or hours worked and are regulated by agency-specific guidelines. Coverage and carryover rules vary across agencies.
Federal Protections That Apply in Florida
Even without a state mandate, federal laws offer certain protections to eligible workers:
• FMLA (Family and Medical Leave Act)
- Grants up to 12 weeks of unpaid, job‑protected leave per 12-month period
- Applies if:
- Employer has 50+ employees within 75 miles,
- Employee has worked 1,250 hours in the past year.
• FLSA & ADA
- FLSA governs overtime and record-keeping but doesn’t guarantee paid sick leave.
- ADA may require leave as a reasonable accommodation if an employee’s health condition qualifies as a disability.
Common Employer Sick Leave Practices in 2025
Although Florida doesn’t require paid sick leave, many employers offer it to attract and retain talent. Key patterns include:
- Accrual systems: Earn, for example, 1 hour leave per 30 hours worked.
- PTO pools: Combined paid leave covering vacations, personal days, and illness.
- Rollover or front-loading: Policies differ by employer; rollover up to a cap is common.
- Documentation rules: Employers may request a doctor’s note after a certain duration (e.g., 3 or more days).
Special Cases: COVID‑19 and Emergency Leave
Although the federal FFCRA (Families First Coronavirus Response Act) has ended, employers often allow employees to use accrued sick leave for COVID‑related illness, quarantine, or care of sick family members. Usage typically falls under standard PTO or sick leave provisions
Qualified Uses of Sick Leave
Depending on employer policy, sick leave or PTO may cover:
- Personal illness or injury
- Medical and preventive appointments
- Care for sick family members (spouse, children, parents)
- Mental health needs
- Recovery from domestic or sexual violence (if covered by policy).
Unused Leave: Rollover or Forfeit?
Florida law does not require employers to pay out unused sick leave upon termination—this is determined by individual company policies.
Employers are encouraged to clearly define rollover and payout rules in policies.
Key Recommendations for Employers
To maintain compliance and foster employee wellness, employers should:
- Document policies in handbooks or contracts, clearly outlining accrual, usage, rollover, and payout.
- Align with federal laws like FMLA and ADA to ensure legally protected leaves are administered correctly.
- Communicate clearly to ensure employees understand eligibility, accrual mechanisms, and request procedures.
- Maintain accurate records tracking hours worked, leave accrued and used, and supporting documentation.
Alternatives to Paid Sick Leave
Some employers are turning to innovative solutions:
- Direct Primary Care (DPC): Subscription-based primary care access that reduces health‑related absences.
- Short‑term disability insurance: Provides pay during serious illnesses when sick leave or PTO is exhausted.
- Flexible scheduling & mental-health days: Employers may integrate mental health into leave policies.
Common Misconceptions
- “Employers must provide paid sick leave in Florida.”
➤ False—no statewide mandate exists. - Unused leave must be paid out at termination.
➤ False—only if stated in the policy or employment agreement. - Medical notes are prohibited.
➤ False—reasonable requests for documentation after a certain period are permissible.
Employee Best Practices
- Understand your company’s policy: Read the handbook and ask HR about accrual rates and eligibility.
- Know your federal protections: FMLA eligibility may offer job-protected unpaid leave.
- Plan ahead: Schedule health appointments beneficially, especially if using accrued PTO.
- Engage open dialogue: If you need leave, discuss options early with HR or your manager.
Final Thoughts
Florida’s lack of a paid sick leave mandate in 2025 puts the onus on employers to define their own policies. While this affords flexibility, it also demands transparency, consistency, and compliance with federal regulations.
Employees must be proactive in understanding their leave options, while employers are wise to strategically design and clearly communicate sick leave policies—balancing workforce needs with operational efficiency.
Consult with legal advisors to ensure alignment with FMLA, ADA, and any evolving legal requirements. And for forward-thinking employers, exploring alternatives like DPC and short‑term disability can help support employee well-being while mitigating risks.