What Are Florida’s Maternity Leave Laws in 2025?

Navigating maternity leave in Florida can be challenging for employers. Since the state does not set its own rules for private-sector companies, most situations fall under the federal Family and Medical Leave Act (FMLA).

FMLA provides up to 12 weeks of job-protected, unpaid leave, but businesses can go further by offering paid maternity leave or short-term disability. These additional benefits are optional, not mandatory.

What maternity and family leave is allowed in Florida?

If your business is subject to FMLA, eligible employees can take up to 12 weeks of leave for qualifying family and medical reasons, including maternity leave. This means those employees’ jobs and health insurance coverage are protected for the duration of the leave.

While some public agencies might be obligated to provide additional parental leave benefits under state or local laws, private companies are only required to follow FMLA unless they voluntarily expand their policies. Employers should clearly document their leave policies in their employee handbook to avoid confusion.

FMLA leave entitlements

Under FMLA, employees may request up to 12 weeks of unpaid, job-protected leave for several family-related and medical reasons, including:

• Recovery from childbirth
• Bonding with a newborn
• Placement of a child through adoption or foster care
• Caring for a spouse, child, or parent with a serious health condition

Because FMLA leave is unpaid, many Florida employers allow workers to use accrued vacation, sick leave, or PTO to cover part of their absence. Some even require it, which can simplify leave administration while giving employees income stability during their time away.

Find out more about each state's paid sick leave laws.

Job protection and benefits during leave

For covered employers, FMLA requires that workers returning from leave be restored to the same position or to a role that is similar in pay, benefits, and responsibilities.

Health insurance coverage must also be maintained. Employees may still be responsible for paying their portion of the premiums, but employers cannot interrupt the coverage.

Employers also have the right to require employees to use paid leave concurrently with FMLA leave. If this is your policy, it should be documented and applied consistently across your workforce.

Learn about the statutory vs. voluntary benefits you can offer your employees.

Employee eligibility

Not every employee qualifies for FMLA leave. To be eligible, workers must:

• Have been employed for at least 12 months
• Completed at least 1,250 work hours during that time
• Work at a site where 50 or more employees are located within a 75-mile radius

All of the above conditions must be satisfied for employees to be eligible for FMLA. Florida does not impose extra conditions beyond these federal rules.

Employers should ensure their HR systems accurately track hours and tenure so eligibility decisions are consistent and defensible across the board.

Employer eligibility

Employer obligations vary by size. In Florida, the following criteria are used to determine if an employer is required to provide FMLA coverage:

• Public employers: Always covered by FMLA
• Private employers: Covered if they have 50 or more employees within a 75-mile radius
• Smaller businesses: Exempt, though many adopt voluntary leave policies to stay competitive and build employee goodwill

Identifying your eligibility under FMLA is a key step toward building policies that balance compliance with employee needs.

How leave requests are handled in Florida

When managing FMLA leave, consistency and documentation are key. Here are the main steps for managing FMLA leave effectively:

• Employee notice: Under FMLA, employees must give 30 days’ advance notice for foreseeable events (such as childbirth), or as soon as possible in the case of emergencies
• Medical certification: Employers may request medical certification to verify the need for leave and maintain this evidence as part of their compliance records
• Employer notice: Once a request is submitted, employers must provide employees with a written notice outlining their rights and responsibilities under the FMLA

Having a clear, consistent process for handling leave helps reduce risk, ensure compliance, and promote fair treatment for employees.

Find out how maternity leave laws differ state by state.

Keep compliant with Deel PEO

For Florida employers, maternity leave falls under the rules of FMLA, which means navigating eligibility, leave tracking, reinstatement requirements, and documentation. Handbooks should outline both federal FMLA rights and any additional benefits your company offers, while HR teams must track leave carefully to ensure consistency and fairness.

Deel PEO makes managing maternity leave easier—whether in Florida or any other state. Our all-in-one platform combines expert support with built-in compliance tools, helping businesses not only meet legal requirements but also scale confidently across the US.

With Deel PEO, you gain access to the following features:

• Comprehensive FMLA support, including eligibility checks, leave tracking, documentation, and reinstatement management
• Fully in-house payroll, HR, tax, and compliance at the federal, state, and local levels
• Expert support from certified professionals, licensed advisors, and dedicated HR business partners and Payroll Managers
• Exclusive Aetna International benefits plans for W-2 employees traveling abroad
• Access to 60+ domestic benefits plans with Fortune 500-level coverage
• State-specific trainings, HR policies, and on-demand HR support
• And more

Discover how Deel PEO can help your company manage maternity leave, stay compliant nationwide, and support employees.

Book a 30-minute call with one of our experts today.