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Florida Sick Leave Explained
Florida’s sick leave laws don’t require employers to provide paid sick leave. However, companies may offer it as a benefit. New legislation protects employees complying with current COVID-19 guidelines.
Additional sick leave laws apply at the federal level under FMLA and the ADA. These law areas are complicated, which means you should seek professional legal advice when you have questions.
Florida Sick Leave Laws
There’s no state payout policy on Florida sick leave laws. Private companies may offer it as additional compensation. It’s a popular option for attracting and retaining top talent.
However, some state employees can use sick leave for:
- Illness
- Disability
- Birth
- Adoption
- Doctors’ visits
Employees can use sick leave to treat illness, injury, or care for family members. Florida employers may request a doctor’s note for absences lasting longer than three days within 30 days. After ten days, the employee must seek medical verification.
COVID-19
COVID-19 sick leave for an employee is covered under the Families First Coronavirus Response Act (FFCRA). Sick leave extends to certain employees who cannot work to comply with COVID-19 restrictions.
The following employees can apply for FFCRA coverage:
- Employees of covered employers, and
- Worked for at least 30 days
- Subject to COVID-19 self-quarantine
- Experiencing symptoms
- Caring for a family member or child
These mandates don’t apply to all companies or employees. Employers must have less than 500 full-time employees. However, Florida small businesses with fewer than 50 employees can apply for an exemption.
Can Employers Offer Sick Leave?
While there is no paid leave of absence law in Florida, employers may offer it as an attractive benefit. They must also ensure that they don’t inadvertently provide it as a contractual promise. In some cases, sick leave is a wage when accrued.
Avoid making legal mistakes altogether. Hire Florida employment lawyers to receive guidance and advice.
Federal Sick Leave Laws
Federal sick leave laws don’t provide for paid sick leave. If an employee resigns before using sick leave, then Florida employers don’t have to pay for that time. A Family and Medical Leave Act (FMLA) approval offers a maximum of 12 weeks of unpaid leave for personal or family healthcare situations and certified under the doctor’s note law.
Covered individuals may also receive benefits under the Americans with Disabilities Act in addition to FMLA. For specific legal advice regarding federal sick leave laws, speak with Florida labor lawyers.
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