Miami, FL Employment Preemption: Paid Leave Preemption (2026)
Key Facts
- Local Paid Leave Mandate
- Preempted
- Preempting Statute
- Fla. Stat. § 218.077(2)
- State Paid Sick Leave
- None
- State Paid Family Leave
- None
- Federal Floor
- FMLA: unpaid, 12 weeks
Summary
Miami has no local paid sick leave or paid family leave mandate, and cannot adopt one for private employers. Fla. Stat. § 218.077(2) preempts political subdivisions from requiring employment benefits beyond state or federal law. Florida has no state-level paid leave program. Federal FMLA (unpaid, 12 weeks) is the only floor.
218.077 Wage and employment benefits requirements by political subdivisions; restrictions. — (1)(d) "Employment benefits" means anything of value that an employee may receive from an employer in addition to wages and salary. The term includes, but is not limited to, health benefits; disability benefits; death benefits; group accidental death and dismemberment benefits; paid or unpaid days off for holidays, sick leave, vacation, and personal necessity; retirement benefits; and profit-sharing benefits. ... (2) Except as otherwise provided in subsection (3), a political subdivision may not establish, mandate, or otherwise require an employer to pay a minimum wage, other than a state or federal minimum wage, to apply a state or federal minimum wage to wages exempt from a state or federal minimum wage, or to provide employment benefits not otherwise required by state or federal law. (3) This section does not: (a) Limit the authority of a political subdivision to establish a minimum wage other than a state or federal minimum wage or to provide employment benefits not otherwise required under state or federal law: 1. For the employees of the political subdivision; 2. For the employees of an employer contracting to provide goods or services for the political subdivision, or for the employees of a subcontractor of such an employer, under the terms of a contract with the political subdivision; or 3. For the employees of an employer receiving a direct tax abatement or subsidy from the political subdivision, as a condition of the direct tax abatement or subsidy.
Full Breakdown
Florida Statute § 218.077(2) bars political subdivisions from establishing 'employment benefits not otherwise required by state or federal law,' which courts and the Florida Attorney General have construed to include paid sick leave, paid family leave, and paid vacation requirements on private employers. The narrow carve-outs in § 218.077(3) preserve the subdivision's authority over its own employees, employers under direct contract with the subdivision, and recipients of direct tax abatements or subsidies. Florida has not adopted a statewide paid sick leave or paid family leave program. Miami-Dade County's living-wage and paid-leave standards reach only County employees and County contractors under Miami-Dade Code § 2-8.9. The federal FMLA (29 U.S.C. § 2601 et seq.) provides up to 12 weeks of unpaid leave at employers with 50+ employees. Miami workers' paid-leave benefits in private employment are entirely voluntary employer policies.
Violations & Fines
Because no city-wide mandate exists, there are no local penalties. FMLA violations are enforced by U.S. DOL Wage & Hour with remedies under 29 U.S.C. § 2617 (back pay, restoration, liquidated damages). Employer-provided PTO policies are enforceable as wage contracts under Fla. Stat. § 448.08.
Frequently Asked Questions
Does Miami require paid sick leave for private workers?
Does Florida have a state paid sick leave program?
What paid leave protections do Miami workers have?
Sources & Official References
Other rules in Miami
Florida rules heatmap·Compare Miami to another location·View the Florida employment preemption overview
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