Florida

These laws and programs aim to support pregnant workers and new parents as they balance work and family responsibilities in Florida.

Pregnancy and Work

Protection Against Pregnancy Discrimination

Under the federal Pregnancy Discrimination Act (PDA), employers with 15 or more employees cannot discriminate against pregnant workers. Employers must treat pregnancy, childbirth, and related medical conditions the same as any other temporary medical condition in terms of hiring, firing, pay, job assignments, and promotions.
Example: If an employer offers light-duty work for someone with a temporary injury, they must also offer it to pregnant employees if needed.

The Florida Commission on Human Relations enforces protections against pregnancy discrimination for workers in the state. Employers cannot treat pregnant employees unfairly or force them to take leave if they are still able to perform their job. Learn more at the Florida Commission on Human Relations.

Workplace Accommodations

Federal law (PDA and the Americans with Disabilities Act (ADA)) may require reasonable accommodations for pregnancy-related conditions. Specifically, the Pregnant Workers Fairness Act provides groundbreaking protections for pregnant, postpartum, and pumping workers, giving them the right to accommodations at work that help them maintain their job and protect their health. The law allows things like extra breaks, flexible scheduling for doctor appointments, time off to recover from childbirth or miscarriage, light duty, remote work, and more.

In addition to the nationwide protections under the Pregnant Workers Fairness Act, Florida law ensures that public sector employees are entitled to accommodations such as reassignment to a less strenuous position when medically necessary, similar to protections for state employees in Alaska.

Workplace Safety for Pregnant Workers

Employers must ensure a safe working environment for pregnant employees. Employees can report unsafe conditions to the Occupational Safety and Health Administration (OSHA). Learn more at the OSHA.

Taking Time Off Work

Family and Medical Leave Act (FMLA)

Under federal law, eligible employees can take up to 12 weeks of unpaid leave per year for childbirth, bonding with a new child, or serious medical conditions (including pregnancy-related conditions). Eligibility requirements include:

• Working for an employer with 50+ employees within 75 miles;
• Having worked for the employer for at least 12 months; and
• Logging at least 1,250 hours in the past year.

Learn more at FMLA.

Florida Family and Medical Leave Act (FMLA)

Florida does not have a separate state version of FMLA, but the federal FMLA applies to most Florida workers, providing similar protections for pregnancy-related leave.

Pregnancy Leave

Florida employers must allow pregnancy-related leave if they offer medical or sick leave for other conditions. This leave may be unpaid unless company policy or contracts specify otherwise.

Returning to Work with a Baby

Break Time for Nursing Mothers

Under the federal Fair Labor Standards Act (FLSA), employers are required to provide

• Reasonable break times for nursing parents to pump breast milk for up to one year after birth
• A private, non-bathroom space for expressing milk

Small businesses (with fewer than 50 employees) may claim undue hardship exemptions, but most employers must comply with these regulations.
Learn more at FLSA.

Parental Rights for Sick or Family Leave

If your child or family member has a serious health condition, you may qualify for unpaid leave under FMLA to provide care.

Workplace Protections for New Parents

Equal Pay

Florida’s wage laws ensure equal pay for equal work, regardless of gender or parental status.
Learn more at Florida Equal Pay Laws.

Employment Termination

Employers cannot terminate or retaliate against employees for taking protected leave (e.g., FMLA) or requesting pregnancy-related accommodations.

Job Protection

FMLA guarantees that employees can return to their same or an equivalent position after taking parental leave.

Support for Parents in Florida

Childcare Assistance

Florida offers programs like the Child Care Subsidy Program to help working parents with childcare costs.

Florida Temporary Cash Assistance (TCA)

The Temporary Cash Assistance program provides financial support to low-income families, including those with new babies.
Learn more at the TCA Program.

Flexible Work Policies

Some Florida employers may voluntarily offer flexible work arrangements, remote work, or paid parental leave as part of their benefits.

Breastfeeding-related Rights

The Fair Labor Standards Act (FLSA) requires employers to provide reasonable break time for employees to express breast milk for their nursing child for one year after the child’s birth. Employees are entitled to a space to pump at work, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public. On December 29, 2022, President Biden signed the Consolidated Appropriations Act, 2023, which introduced the PUMP for Nursing Mothers Act. This law expands these rights to more nursing employees, including agricultural workers, nurses, teachers, truck and taxi drivers, home care workers, and managers.

The PUMP Act requires employers to

• Provide reasonable break time for an employee to express breast milk; and
• Provide a space to pump that is not a bathroom and is free from intrusion.

These accommodations must be provided for one year after the child’s birth and be available each time an employee needs them. Learn more at the PUMP Act. These laws and programs aim to support pregnant workers and new parents as they balance work and family responsibilities in Florida.