What You Need to Know About Paternity Leave in Florida

Navigating paternity leave can be difficult. Here is everything you need to know about paternity leave in Florida.

Since there are no state laws pertaining to paternity leave in Florida, paternity leave does not extend beyond federal Family and Medical Leave Act (FMLA) benefits. Under the FMLA, paternity leave benefits are limited and contingent on eligibility factors.

What is the Family and Medical Leave Act (FMLA)?

The FMLA is a U.S. labor law passed in 1993 which gives eligible employees up to 12 weeks of unpaid leave while protecting employment continuance and existing group health coverage.

Related: Establishing Paternity in Florida

Qualifications for FMLA Benefits

There must be some minimum qualifications to access FMLA benefits in Florida. Here are the basic requirements.

  • New parents (both biological and adoptive)
  • Those who must care for a family member with a serious health condition
  • Those who have a serious health conditions

Eligibility Requirements to Access FMLA Benefits

There are employment-specific eligibility requirements to access FMLA benefits. Here are the rules and exceptions.

  • Working for the employer for at least 12 months
  • Working for at least 1,250 hours over the past consecutive 12 months
  • Working for a company with at least 50 employees within a 75-mile radius in 20 or more workweeks in the current or preceding calendar year
    • The exception to this mandate are those who work for public agencies (including local, state, and federal agencies) OR those who work for public or private elementary or secondary schools

Related: Florida Child Custody Laws for Unmarried Parents

FAQs About Paternity Leave in Florida:

Under the FMLA, when must new fathers submit their notice for leave to guarantee approval?

New fathers must give their employer 30 days’ advance notice of a request for paternity leave.

Are there any professions with exceptions to the aforementioned FMLA paternity leave benefits?

Yes, airline flight crew employees have other specifications for their FMLA benefits- these can be found in the Department of Labor’s Fact Sheet #28J.

Do employers have to provide 12 weeks of unpaid leave on top of any included sick leave or vacation days?

No, employers are legally allowed to mandate employees to incorporate their vacation time and/or sick leave into this 12-week period.

Can employers choose not to hire individuals because they are likely to request paternity leave?

Under the FMLA, employers cannot discriminate on the basis of prospective employees potentially requesting FMLA benefits.

Contact Us

If you or a loved one would like to learn more about Paternity Leave Florida, get your free consultation with one of our Employment Attorneys in Florida today!