Are Workers Guaranteed Maternity Leave in Florida?
Welcoming a new child to the family is a big step. A mother may want to go on maternity leave to recover physically and bond with her new infant. This raises an important question: Is maternity leave guaranteed by law in Florida? The answer is “no”—Florida does not have guaranteed maternity leave, though many employers do not offer it as a benefit and federal law provides unpaid, job-protected leave to some people through the FMLA. In this article, employees and employers will find a more comprehensive overview of the maternity leave laws in Florida.
What is Maternity Leave?
Broadly defined, maternity leave is the period of absence from work granted to a mother before and after the birth of her child. It allows the mother time to recover from childbirth and/or to bond with her newborn infant.
No Florida Law Guarantees Maternity Leave
Unlike some other states, Florida does not have a state-specific law that guarantees maternity leave for employees—paid or otherwise. Florida employers are not legally required under state law to provide paid or unpaid maternity leave. The availability and terms of maternity leave for employees in Florida largely depend on federal law and policies of a specific business or organization.
Employees May Be Entitled to Unpaid, Job-Protected FMLA Leave
The Family and Medical Leave Act (FMLA) is a federal law that does require certain employers to provide job-protected, unpaid family and medical leave. Notably, maternity leave falls under FMLA. The FMLA allows eligible employees to take up to 12 weeks of unpaid leave for certain family and medical reasons, including the birth of a child and care for a newborn. To be eligible for FMLA maternity leave in Florida, an employee must meet the following:
- Work for a Covered Employer: The employer must have 50 or more employees within a 75 mile area to be covered by the FMLA.
- Sufficient Time at Employer: An employee must have worked for the employer for at least 12 months before seeking FMLA benefits.
- Minimum Working Time: Finally, an employee must have worked at least 1,250 hours during the 12 months prior to the start of leave. That is 24 hours per week.
Employers May Develop More Comprehensive Maternity Leave Policies
Although Florida does not require employers to offer maternity leave beyond federal mandates, many employers choose to develop more comprehensive maternity leave policies. According to a study cited by the National Institutes of Health (NIH), as of 2020, 41 percent of working mothers in the United States had access to some form of paid maternity leave benefits. Notably, an employee may be able to use certain accrued paid leave—vacation or sick—for their maternity leave.
Get Help From a Florida Employment Lawyer Today
Maternity leave can potentially result in complex legal situations for employers and employees in Florida. If you have any specific questions about a leave case—FMLA or otherwise—an experienced Florida employment lawyer can provide an overview of your rights and your options.
