Step 1: What state do you work in?

About you · step 1

so far: FL

What state do you work in?

Are you covered?

What a typical Florida birthing parent gets

For an employee earning $75,000 per year, vaginal delivery, working 12+ months at a 50+ employee company:

12 weeks total · 0 paid · 12 unpaid · $0 wage replacement

Florida's programs

FMLA
50+ employee employer + 12 months tenure + 1,250 hours; 12 weeks unpaid leave
Employer STD
Voluntary employer benefit — check your benefits handbook
PDA
15+ employee employer; bans pregnancy-related discrimination
PWFA
15+ employee employer; reasonable accommodations during pregnancy

Florida has no state-mandated paid family leave program for private-sector employees. There is no state Temporary Disability Insurance and no state pregnancy disability leave.

Florida Statutes §627.445 (enacted May 2023) authorizes private carriers to offer voluntary employer-purchased paid family leave coverage, but employer participation is not mandatory and most employees do not have access.

State preemption is more aggressive in Florida than in many states: Fla. Stat. §218.077 explicitly preempts counties and cities from establishing their own paid leave or sick leave laws. This means even if a major Florida city wanted to create a local paid family leave program, state law blocks it.

Florida state government employees received expanded paid parental leave under a September 2023 executive action (280 hours / 7 weeks paid maternity leave for birthing parent, 80 hours / 2 weeks paid parental leave for non-birthing parent within first 12 months). This applies only to full-time state employees with 1+ year tenure — not to private-sector workers.

Pending legislation: Florida Senate Bill 220 in the 2026 session proposed expanding state employee paid parental leave provisions. As of mid-2026, this bill died in the Senate Committee on Governmental Oversight and Accountability and did not become law.

Eligibility and how to apply

For Florida private-sector employees, paid leave realistically comes from the same four sources as Texas.

Federal FMLA provides 12 weeks of unpaid, job-protected leave with the standard eligibility requirements (12+ months tenure, 1,250+ hours, 50+ employee employer within 75 miles).

Employer-provided paid parental leave is voluntary and varies; some larger employers offer 8-12 weeks paid as a competitive benefit.

Employer-provided short-term disability insurance is voluntary; if your employer offers STD, it typically replaces 60-70% of salary for 6-8 weeks of medical recovery.

Accrued PTO is the most common path: combining vacation, sick, and personal days to get partial paid time during the FMLA window.

Federal Pregnancy Discrimination Act (15+ employee threshold) and Pregnant Workers Fairness Act apply in Florida and require reasonable accommodations for pregnancy-related conditions, but they don't mandate paid leave.

State-specific things worth knowing

Florida's strict state preemption means local advocacy for paid leave doesn't work — your county or city cannot fill the gap that the state declines to address.

The most practical advice for pregnant Floridians is the same as for Texans: talk to HR early about FMLA eligibility, employer STD policy, accrued PTO usage rules, and any voluntary parental leave benefits. If you're considering a private STD policy, purchase it before becoming pregnant — most policies require coverage to be in force before conception to cover pregnancy-related claims.

Florida has no analog to PDL or CFRA; job protection comes only from federal FMLA where it applies.

Workers at state government jobs have a notably better picture (7 weeks paid maternity), but this does not translate to private-sector benefits.

Frequently asked questions

Does my employer have to pay me during Florida maternity leave?

Florida does not have any state-mandated paid maternity leave for private-sector employees. There's no Florida state PFL, no state TDI, and no state pregnancy disability leave. Paid leave for Florida workers depends on: (1) federal FMLA eligibility (unpaid but job-protected if you qualify), (2) employer-provided short-term disability (STD) insurance (voluntary), (3) employer-provided paid parental leave (voluntary), and (4) accrued PTO and sick days.

Why doesn't Florida have paid family leave?

The Florida legislature has not enacted state-level paid family leave for private-sector employees. State law (Fla. Stat. §218.077) explicitly preempts cities and counties from creating their own paid leave laws, so even local advocacy can't fill the gap. Florida state government employees received expanded paid parental leave under a 2023 executive action, but that does NOT apply to private-sector workers.

Can my Florida city require my employer to pay maternity leave?

No. Florida Statutes §218.077 explicitly preempts counties and cities from establishing paid leave or sick leave laws. So even if a city like Miami or Tampa wanted to create local paid family leave, state law blocks it. This is more aggressive preemption than most states have.

Does my job have to hold my position during Florida maternity leave?

Only if federal FMLA applies — 12+ months tenure, 1,250+ hours in the prior year, and an employer with 50+ employees within 75 miles. There is no Florida state job-protection law that fills this gap. If FMLA doesn't apply, your employer can legally terminate you during leave (subject to anti-discrimination protections under the Pregnancy Discrimination Act, which applies at 15+ employee employers but doesn't mandate paid leave or job restoration).

Can I get short-term disability for pregnancy in Florida?

Only if your employer offers it (it's voluntary in Florida) OR if you've already purchased a private STD policy before pregnancy. Most STD policies require coverage to be active before conception to cover pregnancy-related claims. Without these, STD isn't an option for this pregnancy.

What did Florida SB 220 do?

Florida SB 220 (2026 session) was a proposed expansion of state employee paid parental leave provisions. It died in the Senate Committee on Governmental Oversight and Accountability and did not become law. Florida's state-employee paid parental leave from the 2023 executive action remains in effect for state government workers only — not private-sector workers.

What happens to my health insurance during Florida maternity leave?

Under federal FMLA, your employer must continue your health insurance on the same terms as if you were working. Without FMLA, employers can require you to pay the full premium during leave or may discontinue coverage entirely. Confirm with HR before maternity leave starts whether insurance will continue or whether you'll need to pay the full premium yourself.

Sources

Verified May 2026 against Florida's official program documentation.