Florida Sick Leave Law (2026): What Employers Must (and Don’t) Provide

If you’re searching for the Florida sick leave law, you’re likely trying to confirm whether Florida requires paid sick leave, what a compliant policy should include, and what notices you must post. The key takeaway: Florida does not have a statewide paid sick leave mandate for private employers. However, Florida employers still need compliant sick-leave practices under federal law, any applicable local rules (limited in Florida), and their own written policies.

This SwiftSDS guide explains what Florida employers are legally required to do, how to build a compliant policy (including caps sick leave policy Florida), and where to find required workplace postings.

Does Florida Require Paid Sick Leave?

Florida paid sick leave law: Is there a statewide requirement?

There is no statewide “Florida paid sick leave law” requiring private employers to provide paid sick time to employees generally. In other words, if you’re looking for a “sick days law Florida” that mandates accrual (like some other states), Florida does not have one.

That said, employers frequently choose to offer paid sick leave as a benefit. When you do, your internal policy becomes important—because inconsistent administration can create wage/hour risk and employee relations issues.

Florida sick pay law vs. federal requirements

Even without a state mandate, Florida employers may have obligations under federal law, including:

• FMLA (Family and Medical Leave Act): provides unpaid, job-protected leave for eligible employees of covered employers (generally 50+ employees) for certain medical/family reasons. Employers often allow or require substitution of paid leave under the employer’s policy.
• ADA (Americans with Disabilities Act): may require reasonable accommodation, which can include unpaid leave or modified attendance policies depending on the situation.
• FLSA (Fair Labor Standards Act): doesn’t require sick leave, but governs pay practices, exempt salary basis rules, and recordkeeping.

For federal posting compliance, many Florida employers must display the Employee Rights Under the Fair Labor Standards Act notice (and the Spanish version Derechos de los Trabajadores Bajo la Ley de Normas Justas de Trabajo (FLSA) where appropriate).

For a full view of required workplace notices, see Florida (FL) Labor Law Posting Requirements.

Local Sick Leave Rules in Florida: What to Watch For

Florida has a history of state-level preemption limiting local employment mandates. While some Florida jurisdictions have explored paid leave measures, Florida employers generally operate under a statewide “no paid sick leave mandate” framework.

Still, HR teams should verify whether a special rule applies to their location or workforce (government contractors, union CBAs, or employer-specific agreements). If you have multiple sites, it’s smart to document location-specific requirements and posting needs. SwiftSDS maintains local posting pages such as Highlands County, FL Labor Law Posting Requirements and Avon Park, Highlands County, FL Labor Law Posting Requirements to help employers confirm what must be displayed at each workplace.

Building a Compliant Sick Leave Policy in Florida (Actionable Checklist)

Even though there’s no mandated sick time law Florida, a clear written policy is a best practice—and often essential for consistent administration.

1) Define eligibility and waiting periods

Specify:

• Who is eligible (full-time, part-time, temporary, probationary)
• Any waiting period before use (e.g., “usable after 30/60/90 days”)
• Whether the policy runs by calendar year, anniversary year, or fiscal year

2) Choose an accrual method (or frontload)

Common approaches:

• Accrual (e.g., X hours per pay period)
• Frontload (e.g., 40 hours granted on Jan 1)

If you operate in multiple states, consider standardizing a baseline policy and layering addenda where required. For example, compare with a true mandate state like Arizona sick leave law to see how accrual, carryover, and usage rules differ.

3) Set a “caps sick leave policy Florida” that’s easy to administer

Florida employers can generally choose reasonable caps because there’s no statewide requirement dictating accrual or carryover. Consider defining caps in three places:

• Accrual cap (maximum bank an employee can hold, e.g., 80 hours)
• Annual use cap (maximum that can be used in a year, e.g., 40 hours)
• Carryover rule (whether unused time carries over—and how much)

Practical tip: If you frontload annually, you can often simplify carryover rules (depending on your internal design and any applicable agreements).

4) Clarify permitted uses and documentation

Your policy should define what qualifies as sick time, such as:

• Employee illness, injury, or medical appointments
• Caring for a family member
• Preventive care

Also specify:

• How employees request time off
• When a doctor’s note may be required (e.g., absences of 3+ consecutive days)
• Whether documentation is required for pattern abuse (use caution; apply consistently)

5) Address payout of unused sick leave

A frequent question behind “Florida sick pay law” searches is whether employers must pay out unused sick time at separation. Florida generally does not require payout of unused sick leave unless:

• Your written policy promises payout, or
• A contract/CBA requires it

Make sure your handbook states clearly whether sick time is:

• forfeited at separation,
• paid out, or
• converted to another bank (e.g., PTO).

6) Handle exempt employees carefully

If you have salaried exempt staff, sick time docking rules can create risk under federal salary-basis requirements. For deeper guidance, review Exempt employees and sick time to avoid improper deductions while still enforcing attendance and leave policies.

Multi-State Employers: “Sick Leave Laws by State” Planning

If you manage teams outside Florida, you’ll need a compliance approach for paid sick time laws by state because many jurisdictions do require paid sick time. Florida is often discussed alongside states with paid sick leave because it does not have a statewide mandate—meaning your handbook may need state-specific addenda.

To see how different state frameworks can be, compare:

• Florida’s non-mandate approach with Arizona sick leave law (mandatory paid sick time)
• Other broader compliance hubs such as california employment laws (for multi-topic state HR compliance)
• Wage-related differences across states (useful when standardizing HR policies), e.g., alabama minimum wage

If you’re building an internal state sick leave laws chart for HR, consider tracking at minimum:

• coverage thresholds,
• accrual rate or frontload minimum,
• carryover rules,
• annual usage caps,
• permitted uses,
• notice/posting requirements.

Posting and Notice Compliance in Florida (What to Display)

Even without a Florida paid sick leave posting, employers must still comply with federal and state posting rules that apply to their workplace.

Start with SwiftSDS’s overview of Florida (FL) Labor Law Posting Requirements to confirm the full set for your industry and headcount. Many employers also need the FLSA notice such as Employee Rights Under the Fair Labor Standards Act.

If you operate in multiple states, postings differ significantly—compare, for example, Ohio (OH) Labor Law Posting Requirements or Maryland (MD) Labor Law Posting Requirements to see how requirements can vary by jurisdiction.

FAQ: Florida Sick Leave Law

Does Florida require employers to provide paid sick leave?

No. There is no statewide Florida paid sick leave law requiring private employers to provide paid sick time. Employers may still be subject to federal leave laws (e.g., FMLA) and must follow their own written policies consistently.

Can Florida employers cap sick leave accrual and use?

Yes. Because Florida doesn’t mandate paid sick leave statewide, employers generally may set caps (accrual caps, annual use caps, and carryover limits) as long as the policy is clearly written, consistently applied, and compliant with any applicable contracts or federal protections.

Do employers have to pay out unused sick time in Florida?

Typically no—unless your policy or an agreement promises payout. To avoid disputes, state your payout/forfeiture rules clearly in the handbook.

Next Step for HR Teams

If your immediate goal is compliance documentation, verify your required notices and postings first using Florida (FL) Labor Law Posting Requirements, then align your internal sick leave/PTO policy language with your payroll practices—especially for exempt employees and multi-state teams.