Federal

How to get paid while on fmla in florida

January 6, 2026federal-laws

How to Get Paid While on FMLA in Florida (Employer and HR Guide)

If you’re searching how to get paid while on FMLA in Florida, the key point is this: FMLA leave is job-protected—but generally unpaid. However, Florida employers and employees can often use accrued paid time off, employer-sponsored disability plans, or other wage-replacement benefits to create paid leave while FMLA runs in the background. This guide explains practical options, compliance requirements, and common pitfalls for HR teams managing leave in Florida.

For broader compliance context, see SwiftSDS resources on Florida (FL) labor law posting requirements and the Federal (United States) Posting Requirements.

FMLA Basics in Florida: What the Law Actually Requires

Is FMLA paid in Florida?

Under the federal Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601 et seq., eligible employees may take up to 12 workweeks of unpaid, job-protected leave in a 12-month period for qualifying reasons (e.g., serious health condition, bonding with a new child, certain family caregiving needs).

So when employers ask “is FMLA paid in Florida?” the compliance answer is: No—FMLA itself does not require paid leave, and Florida does not have a statewide paid family and medical leave program that automatically pays wages during FMLA.

Do all employers have to offer FMLA?

No. One of the most common compliance misunderstandings is assuming every business must provide FMLA. The federal FMLA generally applies to covered employers, including:

  • Private employers with 50+ employees within a 75-mile radius
  • Public agencies (regardless of headcount)
  • Public and private elementary/secondary schools

Employees must also meet eligibility rules (e.g., 12 months of employment, 1,250 hours worked in the prior 12 months, and working at/near a location with 50 employees within 75 miles).

If you also manage wage/hour compliance alongside leave administration, keep your required wage notices current—many Florida employers satisfy this with the DOL’s Employee Rights Under the Fair Labor Standards Act poster (or the Spanish version Derechos de los Trabajadores Bajo la Ley de Normas Justas de Trabajo (FLSA)).

“State of Florida FMLA Laws” vs Federal FMLA: What Applies?

Many searches reference “state of Florida FMLA laws,” “family leave act Florida,” or “Florida family and medical leave act.” Practically speaking:

  • Florida does not have a standalone statewide FMLA equivalent that provides paid benefits to most private-sector workers.
  • Most Florida employers follow federal FMLA plus their own policies (PTO, short-term disability, parental leave, etc.).
  • Certain public employers may have additional rules or collective bargaining agreements, but those are not a universal statewide paid leave program.

Because leave questions often overlap with other legal protections (e.g., disability accommodations), HR teams should also review SwiftSDS guidance on ADA HR and using compliant documentation like ADA forms for employers.

How to Get Paid While on FMLA in Florida: Actionable Options

Even though FMLA is unpaid, there are several compliant ways employees may receive income during FMLA. Employers should coordinate these options carefully to avoid interference or retaliation claims.

1) Substitute paid leave (PTO, vacation, sick time) during FMLA

FMLA regulations allow (and sometimes employers may require) employees to substitute accrued paid leave for unpaid FMLA—meaning the employee is paid from their PTO/sick/vacation bank while the time counts as FMLA leave.

Action steps for HR:

  • Confirm your written leave policy states whether the company requires substitution of paid leave or allows employee choice (where permitted).
  • Run leave concurrently: designate time as FMLA while payroll codes the time as PTO/sick/vacation.
  • Ensure consistent administration to avoid disparate treatment.

Florida does not mandate statewide paid sick leave for most employers, but your internal sick leave policy still matters. For related guidance, see Florida sick leave law for how Florida compares to paid sick time states and how employer policies commonly operate.

2) Short-term disability (STD) or long-term disability (LTD) wage replacement

If the employee’s FMLA reason involves their own serious health condition (including pregnancy-related medical incapacity), employer-sponsored short-term disability may replace a portion of wages while FMLA protects the job.

Key compliance note: STD is not the same as FMLA—but they can run concurrently if the reason qualifies under both. Coordinate:

  • FMLA designation notices
  • STD claim forms and medical certifications
  • Return-to-work rules and any ADA interactive process needs

3) Use company-paid parental leave (if offered) concurrently with FMLA

Some Florida employers offer paid parental leave (e.g., 2–12 weeks). Employers commonly run paid parental leave concurrently with FMLA to avoid stacking (where allowed under policy and administered consistently).

Best practice: spell this out in the employee handbook and in your leave designation communications.

4) Workers’ compensation (if the leave is due to a workplace injury)

If the employee is out due to a compensable workplace injury, workers’ compensation wage benefits may apply. If the injury also meets FMLA’s definition of a serious health condition and the employer is covered, the leave may be designated as FMLA as well.

5) “Financial assistance during FMLA” planning (what HR can do)

When employees ask about financial assistance during FMLA, HR can offer practical guidance without giving legal/financial advice:

  • Provide a benefits checklist (PTO balance, STD eligibility, EAP resources, 401(k) loan rules if applicable)
  • Explain benefit premium payment procedures during unpaid time
  • Ensure employees understand how using PTO impacts their leave balance for the rest of the year

For payroll timing and deduction rules (especially if employees are moving in/out of unpaid status), see Florida payroll laws.

How Much Does FMLA Pay in Florida?

A direct answer for employees asking “how much does FMLA pay in Florida?” is: $0 in required wages, because FMLA is unpaid.

What they might receive depends on the wage-replacement source:

  • PTO/vacation/sick leave: typically 100% of regular pay (per company policy)
  • Short-term disability: often 50–70% of wages, depending on plan terms
  • Workers’ comp wage benefits: varies by state formulas and average weekly wage calculations

HR should avoid promising a percentage unless confirming the plan document or policy.

Can You Work While on FMLA?

The question “can you work while on FMLA” is common, especially with remote work and intermittent leave.

General rule: FMLA is intended for time off due to qualifying reasons. Limited work may be permissible in certain situations (e.g., intermittent leave, transition duties), but employers must avoid actions that could be viewed as interference with FMLA rights.

HR best practices:

  • If the employee is on continuous FMLA for a serious health condition, avoid asking them to “just handle a few tasks.”
  • If intermittent leave is approved, document the schedule and timekeeping expectations.
  • Apply policies consistently to avoid discrimination/retaliation issues—see SwiftSDS coverage on 5 rights of workers and equal opportunity principles like as it pertains to employment opportunity the eeo strives to.

Also remember: independent contractors are generally not FMLA-eligible—see are contractors eligible for fmla for classification-related risk.

Florida Compliance Reminder: Postings and Documentation

Even though Florida doesn’t have a statewide paid FMLA program, Florida employers still need to stay current on required federal and state labor postings and maintain consistent leave documentation practices.

FAQ: FMLA Pay and Rules in Florida

Is FMLA paid in Florida?

No. FMLA is unpaid under federal law. Employees may be paid through PTO, disability insurance, workers’ compensation, or employer-paid leave programs if available.

Do all employers have to offer FMLA?

No. In most cases, only employers with 50+ employees within 75 miles are covered (plus public agencies and schools). Employees must also meet eligibility criteria.

Can you work while on FMLA?

Sometimes, but it depends on the leave type and the medical need. Employers should not pressure employees to work during protected leave and should document intermittent schedules and expectations to prevent FMLA interference issues.

SwiftSDS helps employers manage labor law compliance across policies, postings, and HR documentation. For connected compliance topics, review the SwiftSDS resources linked throughout this page.