Managing a workforce in Florida involves handling a web of federal mandates, state statutes, and emerging legal trends. For business owners and HR leaders, the challenge isn’t just knowing the rules, but understanding how they intersect.
With nearly 50% of workers nationally citing mental health as a driver for leave requests, and Florida’s unique position where approximately 76% of the workforce lacks employer-provided paid family leave, the pressure on your internal policies is higher than ever. You are managing risk.
At KEW Legal®, we see the friction points where good intentions meet legal realities. We’ll provide the strategic insight you need to handle leave scenarios, intermittent absences, and the “grey area” of accommodation requests.
Key Takeaways
- FMLA and ADA have different triggers and coverage thresholds in Florida, and employers need to know which applies based on company size and the worker’s classification.
- The highest-risk moment is when an employee exhausts FMLA, because additional leave may still be required as an ADA accommodation through the interactive process unless it creates undue hardship or becomes indefinite.
- Intermittent absences and Florida-specific leave rights should be managed with consistent call-in rules, permitted recertification, confidentiality where required, and thorough documentation to reduce liability.
Florida Compliance in 2026
Understanding Florida compliance for employee leave may be dense. You might find a guide on the Family and Medical Leave Act (FMLA) or a separate article on the Americans with Disabilities Act (ADA), but rarely do resources explain how these laws talk to one another.
For Florida employers, the stakes are high. Mismanaging a leave request can trigger a lawsuit, but over-accommodating without a strategy can cripple your operations. The key to efficiency is understanding your specific obligations based on your company size and the nature of the employment relationship.
This starts with how you classify your team. Understanding the distinction between W-2 staff and independent contractors is vital, as different rules apply to different types of employee contracts.
Understanding FMLA and ADA in Florida
The most common point of confusion for Florida employers is the overlap between the FMLA and the ADA. While they both offer job protection, they serve different purposes and have different triggers.
The Family and Medical Leave Act (FMLA)
FMLA is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year.
- Who is Covered: Private employers with 50 or more employees within a 75-mile radius.
- Employee Eligibility: Must have worked for the employer for at least 12 months and 1,250 hours in the previous year.
- The Trigger: A serious health condition (personal or family), birth/adoption, or military exigency.
- The Benefit: Unpaid time off with continued health insurance benefits.
The Americans with Disabilities Act (ADA)
The ADA prohibits discrimination against individuals with disabilities and requires employers to provide reasonable accommodations.
- Who is Covered: Employers with 15 or more employees.
- Employee Eligibility: Applies to applicants and employees who have a physical or mental impairment that substantially limits a major life activity.
- The Trigger: A request for an adjustment to the work environment or process to perform essential job functions.
- The Benefit: A “reasonable accommodation,” which can sometimes include leave.
The Intersection
The danger zone lies where these two laws overlap. An employee may exhaust their 12 weeks of FMLA leave but still be unable to return to work. In this scenario, terminating the employee immediately is a critical error. Under the ADA, additional leave may be considered a “reasonable accommodation.”
How to Manage Unpredictable Absences
Ask any HR manager what keeps them up at night, and “intermittent FMLA” is often the answer. This refers to leave taken in separate blocks of time due to a single qualifying reason. For example, severe migraines or flare-ups of a chronic condition.
Unlike a continuous 12-week absence, intermittent leave is unpredictable and disruptive. However, the Eleventh Circuit (which covers Florida) maintains strict standards regarding employer interference.
Strategic Dos and Don’ts
- DO Recertify: You have the right to request recertification of the medical condition every 30 days in most cases, or sooner if circumstances change significantly.
- DO Enforce Call-In Procedures: Employees on intermittent leave must still follow your standard call-in procedures for absences, absent unusual circumstances.
- DON’T Retaliate: Never discipline an employee for the frequency of their FMLA-approved absences, provided they are within the medical certification limits.
- DON’T Ignore Patterns: If an employee only has “flare-ups” on Fridays and Mondays, you are entitled to ask for recertification to validate the pattern.
When FMLA Runs Out: The ADA Accommodation Tightrope
Perhaps the most litigated issue in employment law today is the transition from FMLA to ADA. When an employee cannot return after 12 weeks, you must engage in the Interactive Process.
- Initiate the Dialogue: Contact the employee before their FMLA expires. Ask about their status and return date.
- Request Medical Documentation: If they need more time, require medical documentation specifying the duration of the additional leave. Indefinite leave is generally not considered reasonable under the ADA in Florida courts.
- Assess “Undue Hardship”: You are not required to provide an accommodation that causes significant difficulty or expense. However, proving undue hardship requires concrete evidence of operational disruption, not just inconvenience.
If you are unsure whether an accommodation request is reasonable or if you have grounds to deny it, consulting with a business lawyer is a prudent step to mitigate liability before taking adverse action.
Other Florida Leave Laws You Can’t Ignore
While federal laws dominate the conversation, Florida employers must also handle specific state statutes and local nuances.
Florida Domestic Violence Leave
Florida law requires employers with 50 or more employees to provide up to 3 days of leave in a 12-month period for employees dealing with domestic violence issues. This leave can be used to seek an injunction, obtain medical care, or seek legal assistance. It must be kept strictly confidential.
Military Leave (USERRA & Florida Law)
Both federal (USERRA) and Florida law provide robust protections for members of the National Guard and Reserves. You cannot discriminate based on military service, and you must grant leave for deployment and training.
Upon return, the “escalator principle” applies, where the employee must be reinstated to the position they would have held had they remained continuously employed.
Local Ordinances and Preemption
Florida has a strong preemption statute preventing local governments from mandating paid sick leave benefits that exceed state requirements. While counties like Miami-Dade have discussed various worker protections, state law currently overrides local attempts to mandate paid sick leave for private employers.
However, checking the current status of local ordinances is always recommended as the legal landscape evolves.
Building a Compliant and Supportive Workplace
Compliance is about operational sustainability. Just as you are constructing portfolios that adhere to stringent risk guidelines to protect your financial assets, you must build your HR infrastructure to protect your business assets from litigation risks.
By proactively managing leave policies, training managers on the “Interactive Process,” and documenting every step of the decision-making journey, you transform legal requirements into a structured framework that supports both the employee and the business.
Build a Secure Workplace Today
At KEW Legal®, we understand that your focus should be on growth and impact, not on deciphering statutes. Our team bridges the gap between dense regulation and practical application, making sure your business remains efficient, compliant, and ready for the future.
Contact us today to secure your employee contracts.
