PTO Payout Laws in Florida

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Is an Employer Required to Pay Unused Vacation Days in a Final Paycheck in Florida?

When an employee quits or otherwise loses their job, they often want to know if state law requires employers to pay for unused vacation days in the final paycheck. Florida law does not require employers to offer any paid vacation days, although many still do. Where there is an existing agreement in an employee’s employment contract to provide paid vacation, an employee may be able argue that the paid vacation days were part of their overall compensation package. If that argument is successful, the employee may be able to have those unused days included as additional pay in their final paycheck.

Can a Florida Employer Withhold Part of a Final Paycheck?

Employees should receive wages, including overtime pay, for the work they perform, and this should generally be at the rate agreed upon in the employment contract. However, an employer could withhold part of the final paycheck where the employee has expressly consented to a reduction, or for reasonable or necessary deductions, like taxes or a court-ordered payment. In most cases, an employer is not allowed to deduct so much from your paycheck that your pay rate falls below minimum wage.