Florida
Verified February 2026Florida Civil Rights Act (FCRA)
Fla. Stat. §§ 760.01–760.11
Florida does not have a state-level family or medical leave law that supplements the federal FMLA. For most employees in Florida, the right to unpaid, job-protected leave for serious health conditions or caregiving relies entirely on the federal Family and Medical Leave Act (FMLA). To qualify, you generally must work for an employer with 50+ employees and have worked there for at least 12 months.
Florida workers are protected against disability discrimination through the Florida Civil Rights Act (FCRA), codified in Chapter 760 of the Florida Statutes. The FCRA prohibits employment discrimination based on disability, race, color, religion, sex, pregnancy, national origin, age, marital status, and handicap. Employers with 15 or more employees are covered. The FCRA provides a state-level pathway for filing complaints through the Florida Commission on Human Relations (FCHR).
Florida does not mandate paid sick leave at the state level, and the state legislature has preempted local governments from enacting their own paid sick leave or minimum wage ordinances beyond the state minimum. Workers' compensation in Florida covers mental health injuries, but "mental-only" claims (mental injury without physical injury) require clear and convincing evidence of a traumatic workplace event.
Despite lacking a state leave law, Florida workers have meaningful protections through the combination of federal FMLA, the ADA, and the Florida Civil Rights Act. Understanding which protections apply depends on your employer's size, your length of employment, and the nature of your condition.
Employer Size
15+ employees
Leave Duration
N/A (no state leave law)
Paid Leave
Unpaid (job-protected)
Leave: Florida does not have a state family or medical leave law. Federal FMLA is the primary source of job-protected leave.
Anti-Discrimination: The Florida Civil Rights Act (FCRA) matches the federal ADA's 15-employee threshold. It is enforced by the Florida Commission on Human Relations, which offers a generous 365-day filing deadline.
Additional Protections
1. Request FMLA Leave (Federal)
Since Florida has no state leave law, eligible employees follow federal FMLA procedures:
- Notify your employer at least 30 days in advance for foreseeable leave.
- If leave is unforeseeable, notify as soon as possible (usually same or next business day).
- Follow your employer’s usual notice procedures for requesting leave.
- Provide medical certification if requested (usually within 15 days).
2. File a Disability Discrimination Complaint
- Verify your employer has 15+ employees and the incident is within 365 days.
- File a complaint online or by mail through the Florida Commission on Human Relations.
- FCHR will investigate and attempt to resolve the complaint through conciliation.
- If no resolution is reached, you may request a formal hearing or file a civil action in court.
Note: Filing with FCHR can also cross-file with the federal EEOC through a work-sharing agreement.
Important Deadlines
- 30 days - FMLA advance notice for foreseeable leave
- 365 days - Deadline to file a discrimination complaint with the Florida Commission on Human Relations
- 300 days - Deadline to file with the federal EEOC (extended because FCHR exists as a local agency)
- 30 days - Workers' comp injury must be reported to employer
- 2 years - Statute of limitations for workers' compensation claims
Official Resources
Frequently Asked Questions
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