Taking a leave of absence in Florida may be necessary for employees with a sick family member, a serious health condition, or a newborn child. Other reasons for taking leave include jury duty, military deployment, or being a victim of domestic violence.
But which types of leave are covered by employment law in Florida, and are employees there protected by federal laws like the Family and Medical Leave Act (FMLA)? Here’s how Florida’s leave laws differ from other states, and how you can create an effective leave of absence policy for your organization.
Who Can Take a Leave of Absence in Florida?
There are two kinds of leave in Florida: voluntary leave and mandatory leave. Voluntary employee leave is up to an employer’s discretion, such as whether to provide leave for a vacation, sabbatical, or another personal circumstance. Such leave may be paid or unpaid in line with the employer’s personal leave policy.
Mandatory leave is required by law, and ensures that an employer provides sufficient time off for family or medical reasons. Although this can also be paid or unpaid leave, eligible employees are entitled to job protection, which means they can’t be fired or removed from their health insurance during the leave period.
Mandatory leave may be determined either by state or federal law, which is why it’s important to seek state-specific legal assistance for complex cases.
Understanding Federal Leave Laws in Florida
There’s a good chance that an employee’s leave request for medical leave, parental leave, or military leave in Florida will fall under one of the following federal laws:
Family and Medical Leave Act
The Family and Medical Leave Act (FMLA) applies to covered employers, including private-sector businesses with more than 50 employees in Florida within a 75-mile radius. Eligible employees can take up to 12 weeks of unpaid leave in a 12-month period for situations such as:
- The birth of a child
- The adoption of a child
- The placement of a child in foster care
- To treat a medical condition or serious injury
- To care for immediate family member
FMLA applies to both full-time and part-time employees, and may allow for intermittent leave in some circumstances. It also provides up to 26 workweeks of military caregiver leave for employees to take care of an ill or injured service member, or for a qualifying exigency as defined by the U.S. Department of Labor.
Uniformed Services Employment and Reemployment Rights Act
The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that allows active duty service members to take a leave of absence from work for a cumulative period of up to five years.
Covered service members can take leave for training, deployment, and other duties related to their military service.
Employers don’t have to pay employees while they’re on military leave, but they can choose to cover the difference between their civilian pay and military pay.
Americans with Disabilities Act
The Americans with Disabilities Act (ADA) allows for leave in some circumstances in which a leave of absence serves as a reasonable accommodation for an employee’s disability. It covers physical disabilities as well as mental health conditions.
A leave of absence isn’t the only option under the ADA, and in fact, it may not be the most effective accommodation; employers will need to engage in the ADA interactive process to find a solution that accommodates the employee’s needs.
Are There Any Other Leave of Absence Laws in Florida?
Unlike some states, Florida doesn’t have any accrued sick leave or paid family leave programs. It does have a few other leave laws that apply to some employees:
Florida Family Supportive Work Program
The Florida Family Supportive Work Program applies specifically to state employees, and allows them to take six months of leave concurrently with FMLA for some of the same qualifying reasons, such as parental leave or family caregiver leave.
State employees also get up to 30 days of leave in Florida for “family responsibilities,” such as assisting an elderly parent or relocating a child in a new school.
Domestic Violence Leave
Employers with at least 50 employees are required to provide domestic violence leave, which allows employees to take up to three days of leave per year in order to:
- Seek counseling
- Obtain medical care
- Attend court proceedings
- Access legal services
Victims of domestic violence may qualify for FMLA leave in order to seek medical care, but this leave law covers a wider range of circumstances.
Leave of Absence Policies and Best Practices in Florida
As an employer, it’s your responsibility to comply with any state and federal leave laws. You may also choose to provide additional benefits as part of your employee retention strategy. Here are four best practices to consider when creating a leave policy:
1. Use onboarding automation.
Take advantage of the onboarding process to deliver effective training materials that inform employees about their leave entitlements and the leave approval process.
Employees may have questions about how a leave of absence works, whether or not they can work from home on a leave of absence, and whether FMLA leave is paid or unpaid. Answering their question now can save time and confusion later.
2. Provide a self-service portal.
Next, provide an online portal where employees can check their leave balance, submit a leave of absence request, and upload supporting documents. You may need to request a medical certification to verify their eligibility for leave, so be sure to follow any FMLA confidentiality rules, such as storing medical documents in separate files.
When you use Pulpstream as your leave management platform, you can count on high levels of security and data protection in compliance with HIPAA requirements.
3. Apply leave policies consistently.
Both mandatory and voluntary leave policies should have specific eligibility criteria. For example, FMLA applies to both full-time and part-time employees who have performed at least 1,250 hours of work. Your sabbatical leave policy may apply only to full-time employees, while your remote work policy may apply only to certain departments.
Pulpstream’s customizable rule engine allows you to set criteria for each type of leave, and automatically approve or deny requests based on these requirements.
4. Communicate clearly.
Navigating a leave of absence is a two-way street. Employers should avoid excessive communication with an employee while they’re on leave, especially if they’re recovering from a workplace injury and receiving workers’ compensation. They’re also prohibited from firing an employee while on FMLA-qualifying leave.
Meanwhile, employers are expected to provide advance notice of their intention to take leave, and avoid fraudulent leave requests. Use an absence management platform like Pulpstream to track leave balances and reduce FMLA abuse.
Simplify Florida Leave Benefits with Pulpstream
Taking a leave of absence in Florida can be harder than in many other states, since it doesn’t have any paid leave laws for private-sector employees. Still, if an employee is covered by the Family and Medical Leave Act (FMLA), they have the same rights as they do in any other state to take time off for family, medical, or military leave.
Pulpstream’s leave management platform is your solution for navigating leave laws in Florida. Our cloud-based platform allows you to assess eligibility requirements, track intermittent FMLA leave, request supporting documents, and more. Plus, employees can log in to update their information and view their own leave entitlements.
Request a demo today to see how Pulpstream can transform leave management for your human resources team!
