Florida Paid Sick Leave Laws: Your Entitlements

Last reviewed: June 2026

Quick Answer

Florida does not mandate paid sick leave for private-sector employees under state law. Only Miami-Dade County and the City of Miami require paid sick leave (5 days/40 hours per year for employers with 6+ employees). Federal law (FMLA) provides up to 12 weeks unpaid leave for qualifying events at covered employers. Workers must check their employment contract or employer policy for any voluntary sick leave benefits.

Key Facts

•Florida does not mandate paid sick leave for private-sector employees under state law.
•Only Miami-Dade County and the City of Miami require paid sick leave (5 days/40 hours per year for employers with 6+ employees).
•Miami-Dade County and City of Miami paid sick leave requirement: 40 hours (5 days) per calendar year for employers with 6 or more employees.

Federal Law: The Baseline

The Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601 et seq., provides up to 12 weeks of unpaid, job-protected leave per year for eligible employees at covered employers. FMLA applies to employers with 50+ employees within 75 miles, and applies only to employees who have worked there at least 12 months and worked 1,250 hours in the past 12 months. FMLA covers leave for the employee's own serious health condition, a family member's serious health condition, childbirth, adoption, military caregiver leave, and military exigency leave. However, FMLA does not require paid leave—employers can require employees to use accrued paid time off (PTO) during FMLA leave, but FMLA itself is unpaid unless the employer chooses to pay. The U.S. Department of Labor (DOL), Wage and Hour Division enforces FMLA. Remedies include reinstatement, back pay, and liquidated damages equal to lost wages plus interest. FMLA does not create a federal entitlement to paid sick leave; it only protects the job if an employee takes unpaid leave for a qualifying reason. Many states impose stricter paid sick leave requirements than the federal floor.

Florida Law: What's Different

Florida has no state-wide paid sick leave mandate for private employers. Florida Statutes § 440.102 requires employers to provide workers' compensation insurance, but this is distinct from paid sick leave. However, two local jurisdictions in Florida have passed paid sick leave ordinances that override state law: (1) Miami-Dade County Ordinance 14-64 requires 40 hours (5 days) of paid sick leave per calendar year for all private employers with 6 or more employees in unincorporated Miami-Dade County; and (2) City of Miami Ordinance 12-29 requires the same—40 hours per year for employers with 6+ employees. These ordinances cover employees working in those jurisdictions and apply to 1099 contractors and temporary employees as well. Both ordinances allow sick leave to be used for the employee's own illness, a family member's illness, preventive care, or for safe time related to domestic violence, sexual assault, or stalking. Unused accrued sick leave does not have to be paid out at termination unless the employer's policy or contract requires it, but employers cannot reduce the accrual rate or impose unreasonable restrictions on use. Outside Miami-Dade County and City of Miami, Florida employers have no legal obligation to provide paid sick leave, though many do so voluntarily as a matter of policy. State employees and public employees may have different benefits under their respective employment frameworks, but private sector employees in most of Florida rely entirely on employer policy. Remedies for violations of Miami-Dade or Miami ordinances include unpaid wages, treble damages (three times the unpaid wages), and attorney's fees and costs under the respective municipal codes.

Key Numbers & Thresholds

Miami-Dade County and City of Miami paid sick leave requirement: 40 hours (5 days) per calendar year for employers with 6 or more employees. FMLA eligibility: 50+ employees within 75 miles, 12 months tenure, 1,250 hours worked in past 12 months. FMLA provides up to 12 weeks unpaid leave per 12-month period. Outside Miami-Dade County and City of Miami, Florida imposes no threshold or mandate for paid sick leave. Statute of limitations for wage claims under Florida law: 4 years for breach of contract, 2 years for breach of oral contract. Miami-Dade Ordinance 14-64 complaint filing deadline: must file with the county within applicable statute of limitations.

Exceptions & Special Cases

Florida's lack of a state-wide paid sick leave mandate creates significant exceptions. (1) Employers outside Miami-Dade County and City of Miami have no legal obligation to provide paid sick leave under Florida law and may lawfully operate with a policy of zero paid sick days. (2) Employers with 5 or fewer employees in Miami-Dade County and City of Miami are exempt from the local ordinances. (3) FMLA applies only to employers with 50+ employees; smaller employers are not covered by federal protections. (4) FMLA covers only 'serious health conditions' as defined in 29 CFR § 825.113, which means inpatient care or continuing treatment by a health care provider. Common illnesses like a single day of cold or flu without ongoing treatment do not qualify unless the employee is incapable of performing job functions. (5) Employees who have not yet worked 12 months or have not worked 1,250 hours are ineligible for FMLA. (6) FMLA applies only to employers within a 75-mile radius; employees at remote locations may fall outside coverage. (7) Union employees and employees covered by collective bargaining agreements may have negotiated paid sick leave that differs from statutory minimums. (8) FMLA permits employers to require employees to use accrued PTO or sick leave first, and then the remaining leave is unpaid. (9) Florida is an at-will employment state; absent a contract or statute, employers can discharge employees at will without cause, and this rule applies to sick leave use. Employers may discipline or discharge an employee for requesting unpaid leave outside FMLA protection. (10) Retaliation protections are limited: employers cannot retaliate specifically for FMLA leave use, but in at-will jurisdictions they can fire for other reasons. (11) Independent contractors and gig workers are not covered by FMLA or state paid sick leave laws.

What to Do If Your Rights Are Violated

Step 1: Document everything related to your sick leave request and denial. Keep copies of emails requesting sick leave, text messages, voicemails, written policies, paystubs, and any written denial from your employer. Write down the date, time, and details of verbal conversations (who was present, what was said, witnesses). If you were disciplined or terminated after requesting sick leave, document the sequence and timing. Take screenshots of online communications and save them to cloud storage or email them to yourself. If in Miami-Dade County or City of Miami, note the specific leave used and hours accrued versus hours taken. If you suspect retaliation, document the specific adverse action (termination, demotion, wage cut, schedule change) and its timing relative to your sick leave request or use.

Step 2: Review your employee handbook and employment contract to understand your employer's stated sick leave policy, if any. Some employers voluntarily provide paid sick leave even outside mandated jurisdictions. Check whether your employer's policy is more generous than the law requires. Determine whether you fall under an exception (e.g., fewer than 6 employees, independent contractor status, probationary period, or employment with a contractor vs. direct hire). Attempt an internal complaint: provide written notice to your Human Resources department or manager documenting the violation, citing the specific ordinance (if in Miami-Dade or Miami), the hours allegedly owed, and the dates. Send this via email with a read receipt or certified mail. Wait 2-4 weeks for a response. If the employer corrects the violation or pays you, the issue may be resolved; if they refuse or retaliate, you have documented the internal attempt and their response. This internal documentation strengthens a later claim and sometimes persuades employers to settle.

Step 3: Determine which agency to file with based on your location and the nature of the violation. (A) If you work in Miami-Dade County (unincorporated areas) and your employer has 6+ employees: file a complaint with the Miami-Dade County Department of Regulatory and Economic Resources (DRER), Division of Compliance. Online portal: https://www.miamidade.gov/drer/home.html. Phone: 305-375-3000. You must file within the applicable statute of limitations (4 years for breach of contract in Florida, though local ordinances may have shorter deadlines; check the ordinance language). When filing, provide your name, address, phone, email, employer name, address, nature of violation (denied paid sick leave, failed to pay accrued sick leave, retaliation for requesting leave), specific dates of violations, hours owed with supporting evidence, and copies of the relevant policy, denial letters, and communications. (B) If you work in the City of Miami (incorporated city limits): file with the City of Miami, Department of Regulatory and Licensing, Division of Wage Compliance. Online: https://www.miamigov.com/. Phone: 305-416-1000. Same documentation and statute of limitations apply. (C) If you work outside Miami-Dade County and City of Miami and your employer has 50+ employees: file an FMLA complaint with the U.S. Department of Labor, Wage and Hour Division. Online filing and information: https://www.dol.gov/agencies/whd/fmla. Phone: 1-866-4-USDOL (1-866-487-3651). You have 2 years to file (or 3 years if the violation was willful). Provide the name and location of your employer, your employment dates, hours per week worked, the leave you requested and the reason, dates of leave denial, and any retaliation that followed. (D) If you believe you were retaliated against for requesting FMLA leave: file with the DOL as above, emphasizing the temporal proximity between the leave request and the adverse action.

Step 4: The investigation process varies by agency. For Miami-Dade County or City of Miami ordinance violations: the county or city will conduct an investigation, which typically takes 2-6 months. An investigator will contact your employer for their response and documentation, interview you and any witnesses, and may request payroll records. The DRER or city compliance division will make a determination and notify you in writing. If they find a violation, they will order the employer to pay unpaid wages, penalties, and potentially treble damages (three times the unpaid amount). The employer has an opportunity to appeal or correct the violation. If the employer does not comply, you may pursue civil enforcement or seek damages in small claims court or circuit court. For FMLA complaints at the DOL: the Wage and Hour Division will contact your employer, request relevant documents (pay stubs, timekeeping records, FMLA paperwork), and conduct interviews. The investigation can take several months. The DOL may find a violation and issue a determination. If the employer does not cure the violation, you may file a private lawsuit in federal district court under 29 U.S.C. § 2617.

Step 5: When to consult an attorney and what type. Consult an employment attorney if: (1) your employer denies the violation and the investigation stalls; (2) you are facing retaliation (termination, demotion, wage cut) after requesting sick leave; (3) the amount of unpaid wages or damages is substantial (over $2,500); (4) your employer retaliates against you after filing a complaint; or (5) you need to file a lawsuit because the agency does not resolve the complaint. Seek an employment attorney licensed in Florida with experience in wage and hour law and local ordinance violations. Many employment attorneys work on contingency (payment only if you win) and many will provide a free initial consultation. Ask about their experience with Miami-Dade or Miami paid sick leave ordinances specifically, as these are relatively newer and not all attorneys are familiar. For federal FMLA violations, ensure your attorney has federal employment law experience. The Equal Employment Opportunity Commission (EEOC) does not handle paid sick leave claims unless the denial was motivated by a protected class (race, gender, age, disability, etc.); if that is the case, an employment attorney can file a dual charge with both the EEOC and the relevant state or local agency.

Relevant Agency

Miami-Dade County Department of Regulatory and Economic Resources (DRER), Division of Compliance

https://www.miamidade.gov/drer/home.html

305-375-3000

If you're facing wage or leave disputes in Florida, consult with an employment lawyer who can review your specific situation and local ordinances.

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Frequently Asked Questions

I work in Orlando (Orange County), Florida for a small marketing firm with 10 employees. Are we entitled to paid sick leave under Florida law?

No. Florida does not have a state-wide paid sick leave mandate. Only Miami-Dade County (unincorporated) and the City of Miami require paid sick leave. In Orlando and the rest of Florida outside those two jurisdictions, employers have no legal obligation to provide paid sick leave, regardless of company size. Your employer may offer it voluntarily as a benefit, but you are not entitled to it by law. If your employer offers paid time off (PTO) or vacation time, that is separate from a legal sick leave entitlement. Check your employee handbook to see what your employer actually provides. If you are not provided paid sick leave, that is not a violation of Florida law unless you work in Miami-Dade County or City of Miami.

I work in Miami-Dade County and was denied paid sick leave when I had a doctor's appointment. My employer said they can decide who gets sick leave. Is this legal?

No, if your employer has 6 or more employees. Miami-Dade County Ordinance 14-64 requires all private employers with 6+ employees to provide 40 hours (5 days) of paid sick leave per calendar year. Employers cannot pick and choose who receives sick leave or create arbitrary conditions for using it. Paid sick leave under the ordinance can be used for the employee's own medical care (including preventive care and wellness visits), a family member's medical care, or for safe time related to domestic violence, sexual assault, or stalking. Your employer cannot require you to provide a doctor's note or advance notice unless this is a standard requirement for all other leave. If your employer denied you sick leave because of a doctor's appointment, they violated the ordinance. Document the denial, your accrued hours, and the specific date of the appointment. File a complaint with Miami-Dade County DRER at https://www.miamidade.gov/drer/home.html or call 305-375-3000. You may also be entitled to treble damages (three times the unpaid wages) if the violation was deliberate.

I was fired three days after I asked to use paid sick leave in Miami. Can my employer do this?

Your employer cannot fire you in retaliation for requesting or using paid sick leave under Miami-Dade County Ordinance 14-64 or City of Miami Ordinance 12-29. However, Florida is an at-will employment state, meaning employers can generally fire employees for almost any reason (or no reason), except where a specific law prohibits it. The key issue is whether your firing was motivated by your sick leave request. If you were fired very soon after requesting sick leave (three days is a strong temporal connection), this can suggest retaliation. You would need to establish that: (1) you requested or used paid sick leave, (2) your employer knew about it, (3) you were terminated or suffered an adverse action (termination, demotion, wage cut), and (4) the timing suggests a causal connection. Courts consider three days a relatively close temporal proximity. Document the date you requested sick leave, the name and position of the person you asked, how the request was communicated, the date of your termination, and any statements the employer made about the reasons for firing. File a complaint with Miami-Dade DRER or City of Miami Department of Regulatory and Licensing immediately, emphasizing the retaliation angle. If successful, you could recover lost wages, penalties, treble damages, and reinstatement. Consult an employment attorney right away to discuss whether you have a retaliation claim and to preserve evidence.

My employer said I cannot carry over paid sick leave to the next year and will lose any unused hours on December 31st. Is this allowed in Miami-Dade County or Miami?

Miami-Dade County Ordinance 14-64 and City of Miami Ordinance 12-29 do not expressly prohibit use-it-or-lose-it policies, but they do restrict them significantly. Under both ordinances, employers cannot impose unreasonable restrictions on the accrual or use of paid sick leave. Requiring employees to use all accrued hours before a specific date or face forfeiture can be considered an unreasonable restriction, particularly if it prevents employees from actually using the leave they earned. Many employment law authorities interpret these ordinances to allow employers to cap carryover at a reasonable level (e.g., 40 hours) but not to force forfeiture of earned leave. Best practice and common interpretation: employees should be able to carry over at least a portion of unused sick leave to the next year. An outright use-it-or-lose-it policy—where you lose all accrued hours at year-end—may violate the ordinance. Document your accrued balance as of December 31st, any unused hours, and the employer's written policy requiring forfeiture. If you lose paid sick leave due to such a policy, file a complaint with the Miami-Dade DRER or City of Miami. An attorney can advise whether your specific employer policy crosses the line into 'unreasonable restriction' under the ordinance.

I am a 1099 independent contractor in Miami. Am I entitled to paid sick leave under the Miami ordinance?

Yes, you are entitled to paid sick leave under City of Miami Ordinance 12-29. Uniquely, the City of Miami ordinance covers not only employees but also independent contractors (1099 workers) and temporary workers. If you work for a covered employer in Miami (6+ workers) as a 1099 contractor and perform services in the city, you are entitled to 40 hours (5 days) of paid sick leave per year under the ordinance. Miami-Dade County Ordinance 14-64 (covering unincorporated areas) has also been interpreted to apply to independent contractors, though the language is less explicit. This is a significant protection, as federal law and most state laws exclude independent contractors from paid leave entitlements. If you are classified as a 1099 contractor and denied paid sick leave by a Miami-based employer, document the denial and file a complaint with the City of Miami Department of Regulatory and Licensing (https://www.miamigov.com/, 305-416-1000). You may also challenge your independent contractor classification if the employer is misclassifying you as a 1099 when you should be a W-2 employee, which would strengthen your claim.

Sources & References

U.S.C. § 2601
U.S.C. § 2617.

Informational only. Not legal advice. Laws change — always verify with a licensed attorney.

Editorial standards: This guide is reviewed against primary government sources and cites 2 statutes. Last reviewed June 2026. Scheduled for re-verification by June 2027.

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