The state of Florida has no laws regulating paid time off (PTO), which encompasses benefits such as vacation time, sick days, and personal days. While Florida employers must comply with the Federal Labor Standards Act (FLSA), PTO is not covered under this legislation. The scope of the FLSA is limited to establishing minimum wage, overtime pay, record-keeping, and youth employment standards affecting employees in the private sector and in federal, state, and local governments.
Fair Labor Standards Act
The federal Fair Labor Standards Act (FLSA) does not require PTO payments for time not worked, such as vacations or holidays, jury duty, or funeral or sick leave. The FLSA also does not require severance pay, premium pay for weekend or holiday work, pay raises or fringe benefits, discharge notices, reason for discharge or immediate payment of final wages to terminated employees. In Florida as in all states, these benefits are left to the employer and employee (or the employee's representative), to agree upon.
If employees are terminated -- voluntarily or involuntarily -- Florida law does not require employers to pay its employees for unused PTO. "Generally, your entitlement to accrued PTO depends on your employer's internal policy regarding unused PTO," says Florida attorney Christopher K. Leifer.
Family Medical Leave Act
TheMedical Leave Act (FMLA) entitles eligible employees of covered employers to take "unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave." This law applies to all states, including Florida.