Is There a Florida Sick Leave Law?
Sadly, there’s nothing that connects Florida labor laws and sick days. The state law doesn’t require employees to provide paid sick leave to their employees. Without any sick day rules, the employee has to show up sick at work, use one of their vacation days, or go unpaid (if allowed).
Still, that doesn’t mean that employees in Florida have nothing to fall back on. If you need sick leave, you can rely on:
- The Emergency Paid Sick Leave Act (EPSLA)
- Your company’s policy
- The Family and Medical Leave Act (FMLA)
The EPSLA is a temporary act the federal government introduced to combat Coronavirus and to stop contagious employees from jeopardizing public safety—it is in effect only during the COVID-19 pandemic.
With the EPSLA, you can receive ten workdays or ten weeks of paid sick leave, depending on the reason for requesting leave. The act also defines salary limitations, as shown in the following table:
|Sick Leave Duration||Qualifying Reasons||Payment Cap|
||$511 per day ($5,110 in total)|
||Two-thirds of the salary capped at $2,000|
While Florida law doesn’t require paid sick leave, many employers offer it as a means of getting a competitive edge when hiring new employees. Once the policy is set in your contract, the state will protect your rights—your company must honor the policy it gives out.
The FMLA is a federal-level act that offers job-protected, unpaid sick leave. It applies only to employees who work in companies with at least 50 staff members within a 75-mile radius of the workplace.
The act provides such employees with 12 weeks of unpaid leave in 12 months. They can ask for leave for:
- Health condition
- Childbirth or adoption
- Care for a family member with a health condition
- Any reason arising from a family member being on active military duty
When you need sick leave, you have to request it formally. You can do it either orally or via email. If you would like to avoid awkward conversations and want to ensure your request is perfect, use DoNotPay.
Our app will check what laws you can rely on and draft an airtight request letter based on the information you provide. All you need to do is sign up for DoNotPay, select the Request Sick Leave tool, and:
- Insert the state where the company is located, and we’ll show you what sick leave laws are in place (if any)
- Answer a few questions about the company
- Enter the dates on which you’ll be absent from work
- Choose whether you want DoNotPay to:
- Send the request to your employer directly
- Share it with you so you can email it on your own
If your employer denies your request or fires you for going on leave, you can use our Small Claims Court product to sue them without having to pay for an attorney.
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