Florida Statute 218.077 preempts local mandates requiring private employers to provide paid sick leave or other employment benefits beyond state law, a preemption the Legislature adopted in 2013 after Orange County's earned sick time referendum.
Florida has no state law mandating paid sick leave for private-sector employees, and Section 218.077 bars counties and municipalities from requiring private employers to provide wages or employment benefits, including paid or unpaid leave, beyond what state or federal law requires. Orange County voters approved an earned sick time ordinance in 2012, and the Legislature responded in 2013 by expanding Section 218.077 to preempt local employment-benefit mandates statewide. Federal law (FMLA) still applies to qualifying employers. Public employers may set leave policies for their own workforce, but private-sector mandates are barred.
Local paid leave mandates applied to private employers are preempted and unenforceable, exposing localities to declaratory judgment actions.
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