Florida Preempts Local Paid Sick Leave and Benefits Mandates

Florida has no state law mandating paid sick leave for private-sector employees, and Section 218.077 along with related limits in Chapters 125 and 166 prevent counties and municipalities from requiring private employers to pay specified wages, benefits, or leave. Orange County voters approved an earned sick time ordinance in 2012, but the Legislature responded with statewide preemption ensuring that employment leave benefits cannot be mandated locally. Federal law (FMLA) still applies to qualifying employers. Public employers may set their own leave policies for their direct 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.