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Florida Leave Law


In addition to rights under the federal Family and Medical Leave Act, public employees in the State of Florida may be entitled to Parental or Family Medical Leave. Below is a brief summary of the Florida statute granting this benefit.

If you are considering taking leave, it is advisable toconsult with your Human Resource Office - preferably with a supervisor to be sure you are getting the best advice.

Who Is Eligible?

Employees of the State Career Service System (most state jobs).

What Leave Are You Entitled To?

An eligible employee may request:

  1. Family Medical Leave due to a serious family illness, including an accident, disease, or condition that (i) poses imminent danger of death, (ii) requires hospitalization involving an organ transplant, limb amputation, or other procedure of similar severity, or (iii) any mental or physical condition that requires constant in-home care.
  2. Parental leave due to the birth or adoption of that employee's child.

Who Is Included as "Family"?

Under the Florida statute, "family" means a child, parent, or spouse.

How Much Leave Do I Get?

You are entitled to 6 months of unpaid leave.

Will My Job Be Protected?

Upon your return from parental or family medical leave, you must be returned to the same job you had before your leave or to an equivalent position.

"Equivalent Position" means a position with equivalent pay and with any seniority, retirement benefits, fringe benefits or other service credits you had accumulated prior to going on leave.

Will I Continue to Receive Health Insurance While I'm On Leave?

The answer is yes. However, you may or may not be responsible for making payments personally. If, while you are out on Parental and Family Leave, you are also using accrued paid leave (such as sick leave) then you will not be personally responsible for paying insurance premiums (it will come out of your pay as usual). If, on the other hand, you are on Parental and Family Leave without also using paid leave, then you will be personally responsible for making insurance payments.

Researched and written by:

Lisa Gerson, Esq. McDermott Will & Emery LLP New York, NY 

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