When you want to take time off work, understanding Florida vacation time laws will help you make the right decisions for you and your family. Depending on the circumstances of your employment, what you decide to do may change. It is always recommended to be informed of varying types of employment law to ensure your rights are being upheld and understand the outcomes of your (and your employer’s) actions.
Is Vacation Pay Required by Law?
Employers are not obligated to give their workers paid or unpaid time off under federal law. Also, there are no specific Florida vacation time laws that require vacation pay either. That being said – when employers do decide to offer vacation pay, these benefits are considered wages under Florida vacation time laws. Employees have certain rights under wage and hour laws.
What is the Difference Between Vacation Time and Vacation Pay?
An employer may decide to provide you with a certain amount of time off per year as a benefit of employment. Two weeks is relatively common when you have been with a company for at least 90 days, referred to as vacation time. Depending on your employer’s policies, they may not provide wages when you take those two weeks.
If the employer policies detail that you will still earn money when you take that time off for vacation, that money is called vacation pay. Paid vacation employment laws in Florida for vacation pay, legally described as wages, do not typically require an exact amount of what that vacation pay will be. Standard paid vacation usually equals your regular pay per hour/salary. For instance, if you earn $15/hour, the time you take for vacation will be at $15/hour, as well.
What is PTO Law in Florida?
Paid time off (PTO) law is only applied to Florida employees who work for employers that offer PTO as part of their employee benefits package. People will often intermingle the terms “vacation pay” and PTO, but you do not necessarily have to take a vacation while taking the time away from work.
If you are guaranteed PTO by your employer under your employment human resource policies or under a contractual agreement or collective bargaining agreement, you have a right to receive pay while working for the employer.
Currently, Florida vacation time law does not require employers to send a PTO payout to employees when they leave an organization. However, 24 states across the country do, including California, New York, Tennessee, and North Carolina. Meaning, it is possible for that to change in the future. It is always important to stay informed of employment law changes to ensure all your employee rights are being upheld at your workplace, including a right to fair wages.
Your Employee Rights Regarding Florida Vacation Time Laws
Even though Florida does not require employers to give you time off for vacation – paid or unpaid – if it is part of your benefits or contract, you deserve to get the pay you are legally due.
Have you been denied your wages for taking time off for a vacation? Has your employer defaulted on a specific contract that included vacation pay? If so, you should contact an employment law attorney to discuss your case.
Retain and secure any related documentation regarding your employee benefits. This can be copies of your company’s human resource policies, an employee handbook, or any type of employment contract or agreement that includes language related to vacation benefits.
Contact An Experienced Employment Law Attorney
Wenzel Fenton Cabassa, P.A. has experienced employment law attorneys who are dedicated to defending employees’ rights across the state of Florida. They are well versed in Florida vacation time laws, as well as the full scope of employment law, and understand what it takes to fight for justice.
If you have benefits or a contract that includes vacation pay and have not been paid appropriately, contact Wenzel Fenton Cabassa, P.A. today to set up a free consultation.
We serve clients across Florida, with convenient locations in Orlando, Tampa, St. Petersburg, Sarasota, Jacksonville, Miami, and West Palm Beach. We are the employee’s law firm, fighting aggressively for justice against powerful employers who violate employment law.
It is critical not to wait too late to contact a lawyer if you have been denied lawful wages. There are statutes of limitations in employment law cases. We are here to help.
Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.