Florida is known as the “Sunshine State” because of its abundant sunshine and warm climate.
Payroll and Benefits Guide - United States - Florida
Fun Facts
Florida is the only state that borders both the Gulf of Mexico and the Atlantic Ocean.
The state is home to the Everglades, the largest subtropical wilderness in the United States.
It is the flattest state in the country, with the highest natural point being only 345 feet above sea level.
The Kennedy Space Center, located on the east coast of Florida, has been the launch site for numerous NASA space missions.
It is the southeasternmost state in the United States.
Contributions
Employee Payroll Tax
| Contribution Type | Rate |
| FICA Social Security | 6.20% |
| FICA Medicare | 1.45% |
| Additional tax | 0.90% |
Employer Payroll Tax
| Contribution Type | Rate |
| Unemployment Insurance | 0.29%-5.40% |
| Unemployment- New Employer | 2.70% |
| FICA Social Security | 6.20% |
| FICA Medicare | 1.45% |
| FUTA | 0.60% – 6.00% |
Payroll
Payroll Cycle
Employees are paid monthly or semi-monthly.
13th Salary
There are no provisions in the law regarding 13th salaries.
Work Hours and Week
In California, the workweek is a maximum of 40 hours per week or 8 hours per day.
Overtime
An employer can require an employee to work overtime with the exception of certain minors. The federal Fair Labor Standards Act (FLSA) stipulates that if an employee works more than 40 hours in a workweek, the employer must pay 150% 0f the regular salary rate as overtime.
Leave
Paid Time Off
Florida does not have any state statute governing the amount and payment of vacation time; however, it is common for employers to decide whether to offer paid or unpaid vacation leave.
Public Holidays
There are 12 Public holidays
Sick Days
It is common for an employer to follow the Family and Medical Leave Act (FMLA) which provides certain employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons (maternity leave, serious illnesses, or if the employee needs to care for a spouse or child).
Employees are eligible for FMLA if they have worked for their employer for at least one year, completed a minimum of 1,250 hours over the past year, and worked at a location where the company employs 50 or more employees within 75 miles.
In addition to the FMLA and the Pregnancy Discrimination Act, Florida has additional maternity and paternity leave regulations.
Maternity Leave
Maternity Leave falls under the FMLA (see Sick Leave).
In addition to the FMLA and the Pregnancy Discrimination Act, Florida has additional maternity and paternity Leave regulations detailed in the Florida Family & Medical Leave Act. This Act is currently being reviewed with new bills being expected to be passed in summer 2022.
Paternity Leave
Paternity leave falls under the FMLA (see Sick Leave).
Parental Leave
Parental leave falls under the FMLA (see Sick Leave).
Termination
Termination Process
Except in mass dismissals or as provided for in an employment contract or a collective bargaining agreement, U.S. law does not impose a formal notice period to terminate an individual employment relationship, and employment is stipulated “at will.”
Notice Period
California follows an “at-will” employment policy, allowing termination without notice. There is no legal requirement for payout of unused vacation days, but employers usually compensate if given advance notice. Two weeks’ notice is commonly expected. The WARN Act mandates 60 days’ notice for mass dismissals.
Severance Pay
Except as otherwise provided in an employment contract or collective bargaining agreement, employers are not required to pay severance. Many employers choose to offer severance pay based on the employee’s length of employment.
Probation Period
Probation Period
No legal provision governs a formal “trial/probation period.” However, it is common practice for employers to set a performance evaluation after an initially stated period of employment of 90 days.
Immigration
Foreign nationals without permanent resident status or a work visa are not permitted to work in the United States. An employer seeking to hire a foreign national may file a petition with the United States Department of Homeland Security or the United States Citizenship and Immigration Services (USCIS) for an employment visa on behalf of the prospective employee. If the petition is approved, the prospective employee must obtain a visa stamp from a United States embassy or consulate (Canadian citizens are exempt from this requirement). To get a temporary U.S. work visa, an employer must file a petition with U.S. Citizenship and Immigration Services (USCIS). An approved petition must be part of the visa request.
For Work Permits
H-1B
H-1B1
H-2A
H-2B
L
O
VAT
Florida has a minimum combined sales tax rate which is 7.08% (state tax is 6.00% and local tax is 1.08%).