Leave for Domestic Violence, Sexual Assault, or Stalking: Miami-Dade (FL), Florida
by Tom O'DeaThis Leave for Domestic Violence, Sexual Assault, or Stalking policy applies to employees who work in Miami-Dade County, Florida under the Miami-Dade County Domestic Leave Ordinance (Miami-Dade County Code, Chapter 11A, Article VIII), which gives eligible employees up to 30 work days of job-protected unpaid leave in a 12-month period for safety-related needs like medical care, counseling, legal help, and court proceedings. It's designed to work alongside Florida's statewide domestic violence leave requirements without duplicating overlapping time.
The main wrinkle in the Miami-Dade ordinance is that employees must exhaust all paid vacation and/or personal leave before using the extended 30-day domestic leave.
The History Behind Leave for Domestic Violence, Sexual Assault, or Stalking Policies in Miami-Dade (FL), Florida
Family & Self Care Leaves expanded in Florida as lawmakers started treating domestic violence as a workplace issue, not just a private crisis. Florida's Legislature adopted a statewide baseline in 1997 with the Florida Domestic Violence Leave law (section 741.313, Florida Statutes). That law gave eligible employees up to three days of job-protected leave in a 12-month period to seek medical care, counseling, legal help, or safety planning related to domestic violence.
Miami-Dade County later supplemented state law with its Domestic Leave Ordinance in Chapter 11A, Article VIII, which covers domestic or repeat violence and sets a much larger leave entitlement for eligible employees working in the county. The ordinance also built in practical guardrails that employers asked for, like allowing reasonable documentation and requiring PTO or personal leave to be used first.
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 Miami-Dade (FL), Florida-based employees, it is in an effort to comply with Miami-Dade County's Domestic Leave Ordinance (Miami-Dade County Code, Chapter 11A, Article VIII).
How to Write a Miami-Dade (FL), Florida-Specific Leave for Domestic Violence, Sexual Assault, or Stalking Policy
- Start with "why" and introduce the concept, explain that Miami-Dade provides additional job-protected leave for domestic or repeat violence beyond statewide leave.
- Define who's eligible based on working in Miami-Dade and meeting minimum service and hours thresholds.
- Describe the covered reasons for leave, including medical care, legal help, court participation, counseling or support services, and other safety-related steps.
- Explain how this local leave coordinates with Florida leave, including that overlapping needs run at the same time.
- Set expectations for requesting leave, including giving notice as soon as possible and recognizing emergencies may prevent advance notice.
- Explain how leave may be taken, including continuous or intermittent use and the option to temporarily reassign work to accommodate planned intermittent leave.
- State the pay and time-off rules, including that the leave is unpaid and accrued PTO must be used first.
- Describe documentation and confidentiality, including that you may request verification, employees don't need to share incident details, and records are kept confidential unless legally required.
- Confirm return-to-work rights and benefits continuation, including reinstatement to the same or an equivalent job and continued benefits and health coverage during leave.
- Include a non-retaliation commitment that prohibits discrimination, retaliation, or interference with leave rights.
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 Miami-Dade County, FL employers who have at least 50 employees working in Miami-Dade County, Florida.
Exceptions
None.
Model Policy Template for a Leave for Domestic Violence, Sexual Assault, or Stalking Policy
Domestic Leave
If you work in Miami-Dade County and you or someone in your household is affected by domestic or repeat violence, you may be eligible for additional leave beyond what’s provided under Florida law.
{{Employees}} who've worked in Miami-Dade County for at least 90 days and have worked at least 308 hours in that period are eligible for up to 30 work days of unpaid leave in a 12-month period.
You can use this leave to:
- Get medical or dental care for injuries related to domestic or repeat violence, for yourself or a dependent child.
- Obtain legal help, including criminal prosecution, protective orders, divorce, custody, or child support.
- Attend court proceedings related to domestic or repeat violence.
- Attend counseling or support services, for yourself or a dependent child.
- Take other steps to support your safety and well-being.
This leave runs concurrently with the three days of leave provided under Florida law (you won’t receive additional time for overlapping needs).
Let your {{manager}} or {{the HR Team}} know as soon as possible if you need time off under this policy. If you or your family or household member is in imminent danger, we understand that advance notice may not be possible.
You can take this leave all at once or intermittently. If you request intermittent or reduced leave that's foreseeable and based on a planned schedule, we may temporarily reassign you to a similar role that better accommodates your time away.
This leave is unpaid, and you must exhaust all accrued PTO prior to taking leave under this policy.
We may request documentation from a health care provider, attorney, law enforcement agency, counselor, or domestic violence services provider. You do not need to share specific details about the incident, and any documentation will be kept confidential unless disclosure is required by law.
When your leave ends, you’ll be reinstated to your job or an equivalent one. Your benefits won’t be lost while you’re on leave, and your health insurance will continue as if you were still actively employed.
We do not tolerate discrimination, retaliation, or interference with your rights under this policy.
Other Jurisdictions that may Necessitate a Leave for Domestic Violence, Sexual Assault, or Stalking Policy
State-Specific Leave for Domestic Violence, Sexual Assault, or Stalking Policies
All Miami-Dade (FL)-Specific Policies & Topics
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The information provided here does not, and is not intended to, constitute legal advice. Only your own attorney can determine whether this information, and your interpretation of it, applies to your particular situation. You should contact legal counsel for advice on any specific legal matter.