Florida Paid Leave Preemption Law: Statewide Employment Preemption Rules (2026)

Full Breakdown

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.

Violations & Penalties

Local paid leave mandates applied to private employers are preempted and unenforceable, exposing localities to declaratory judgment actions.

Frequently Asked Questions

Can a Florida city require private employers to offer paid sick leave?

No. State law preempts local mandates that require private employers to provide paid sick leave or similar benefits.

Does Florida require any paid leave?

Florida has no general state-level paid sick leave mandate. Federal FMLA may provide unpaid, job-protected leave for eligible workers.

Can a city offer paid leave to its own employees?

Yes. Cities and counties can set leave policies for their direct workforce; the preemption targets mandates on private employers.

Florida Preempts Local Paid Sick Leave and Benefits Mandates

Full Breakdown

Violations & Penalties

Frequently Asked Questions

Sources

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