What You Need to Know About PTO Payout Laws in Florida
PTO (paid time off) payout laws
Florida does not have any PTO laws, meaning Florida does not have any explicit laws that give employees the right to paid time off.
Paid time off refers to when an employee gets paid when not working. This can include paid vacation time, personal time, or paid sick leave.
So What is the Status of Payout Laws in Florida?
Florida has no laws to address the payout of earned vacation time when an employee leaves. Florida is one of the very few states that don’t have any PTO laws on this subject. In these states, “use it or lose it” policies are not prohibited since there is no law. Therefore, employees can use them to prevent a payout at termination. If, however, an employer’s policies are ambiguous or suggest that the employee gets vacation hours at termination, courts interpret the policy to be in the employee’s favor.
Related: Florida Paycheck Laws: Explained
Florida state courts interpret employee policies as set out in contracts and guidebooks to create an implied contract. Since Florida courts usually interpret policies favorably to the employee, it is in the employer’s best interest to define the policy clearly.
It is important to note that employers choose to pay vacation time when the employee leaves to attract the best employees. So, although Florida doesn’t prohibit these laws, many Florida employers pay employees their vacation time when they leave the company, and many allow employees to have their vacation hours accrued.
How about Florida Labor Laws Sick Days Requirement?
Florida labor laws do not explicitly require paid sick time. Companies have no state law obligation to provide employees with paid sick leave in Florida. An employer needs to follow through any sick time provisions contained in the employee’s contract.
Related: Florida Wage Payment Laws
Do federal laws require Florida employers to provide paid sick time? No, they do not. However,an employer in Florida may be required to provide an employee unpaid sick leave under the federal Family and Medical Leave Act (FMLA) which applies to all states.