Leave for Domestic Violence, Sexual Assault, or Stalking: Florida

This Domestic or Sexual Violence Leave policy applies to employees in Florida under Florida's domestic violence leave law (Fla. Stat. § 741.313) and related definitions in Fla. Stat. § 741.28, and it gives eligible employees job-protected time off to address safety, medical, legal, and housing needs connected to domestic or sexual violence for themselves or a family or household member. It also sets clear expectations for notice, documentation, confidentiality, and non-retaliation so your organization can respond quickly and consistently while supporting employees during a high-stakes situation.

The History Behind Leave for Domestic Violence, Sexual Assault, or Stalking Policies in Florida

Florida employers often include domestic violence, sexual assault, or stalking leave in their Family & Self Care Leaves approach. Workplace leave for safety planning did not start as a feel-good perk. Victims need time, often during business hours, for protection orders, medical care, counseling, and housing moves, and they often risked discipline or job loss for doing it. To address these situations, Florida passed their Domestic Violence Leave law, codified at Florida Statutes Section 741.313.

The statute requires certain employers to provide up to three days of leave in a 12-month period to employees who are victims of domestic violence, or who have a family or household member who is a victim, if the employee has worked for the employer for at least three months. Florida also defined "domestic violence" and "family or household member", which matters because eligibility is determined by those definitions, not on an employee's preferred label.

Which Law is the Leave for Domestic Violence, Sexual Assault, or Stalking Policy Meant to Comply With?

If you create and distribute a Leave for Domestic Violence, Sexual Assault, or Stalking Policy for your Florida-based employees, it is in an effort to comply with Florida's Domestic Violence Leave law (Fla. Stat. § 741.313) (as defined in Florida's domestic violence statutes at Fla. Stat. § 741.28).

How to Write a Florida-Specific Leave for Domestic Violence, Sexual Assault, or Stalking Policy

• Start with "why" and introduce the concept, explain that this leave supports employees dealing with domestic violence, sexual violence, or stalking-related safety and recovery needs.
• Define who can use the leave, including eligibility based on length of employment and coverage for an employee's family or household member.
• State the amount of leave available and the measurement period you'll use to track it.
• List the main permitted reasons for leave, such as protection orders, medical or counseling care, victim services support, safety planning or relocation, and legal proceedings.
• Explain how employees should request the leave, including that advance notice may not be possible in urgent safety situations.
• Clarify pay treatment, including that the leave is unpaid and that employees may use accrued paid time off.
• Describe the types of documentation you may request to support the leave.
• Commit to privacy, including that employees don't need to share incident details and that documentation will be kept confidential unless disclosure is legally required.
• Include a non-retaliation and non-discrimination commitment for requesting or taking leave.

When to Include this Policy in Your Employee Handbook

The law does not require you to publish a policy or issue a specific notice. That said, you still have to comply with the requirements that apply to you as an employer. 

Even when notice is not required, this is still the kind of policy most employers should put in their handbook or otherwise publish to employees. It answers a question employees will ask, sets expectations, and gives managers a consistent script. If you don't include it, you'll end up explaining it ad hoc, and that's when inconsistency, resentment, and accidental noncompliance shows up. 

Other Considerations

The law applies to Florida employers who have at least 50 employees working in the US.

Exceptions

None.