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Legal Information: Florida

Workplace Protections

Laws current as of
October 6, 2023

How much notice do I need to give my employer if I need to take time off to deal with domestic violence?

You must tell your employer ahead of time (in advance), if you need to take time off from work to deal with domestic violence against you or your family member. For example: You find out on a Tuesday that you have to go to court on Friday to testify against your abuser. You should tell your employer on Tuesday, or as soon as possible, that you will need Friday off.

Your employer might have rules about how many days in advance an employee has to give when requesting time off. The law says that you have to follow your employer’s rules unless there is an immediate danger to the health or safety of you or your family member that prevents you from doing so.1

Note: It might be a good idea to ask your employer in writing for the time off to deal with domestic violence issues and to keep a copy of the letter. This way, if the employer denies you the time off, you have some proof that you asked for it in case you decide to bring legal action against the employer for violating the law.

1 Fla. Stat. § 741.313(4)(a)

Do I need to give my employer documentation of the domestic violence, if I take time off from work for my domestic violence situation?

Yes. Florida state law says that you must give your employer documentation (proof in writing), to show that domestic violence against you (or your family member) was the reason why you took time off from work. Your employer has the right to decide what documents s/he needs from you.1

Florida law does not say what types of documents you need to show your employer to prove that you were off from work to handle domestic violence against you or a family member. However, here are some possible documents that your employer might be okay with:

  • A police report showing that you took off from work because of domestic violence crime against you;
  • A court order or a letter from a court employee or your attorney, to show that you missed work to go to court; or
  • A doctor’s note or a letter from a counselor, therapist, rape crisis center, that says you took off from work to get medical help or treatment for emotional or physical injuries, from domestic violence or sexual assault.

1 Fla. Stat. § 741.313(4)(a)