Fla. Stat. 121.121
Authorized leaves of absence


(1)

A member may purchase creditable service for up to 2 work years of authorized leaves of absence, including any leaves of absence covered under the Family Medical Leave Act, if:The member has completed the years of creditable service required for vesting, excluding periods for which a leave of absence was authorized;The leave of absence is authorized in writing by the employer of the member and approved by the administrator;The member returns to active employment performing service with a Florida Retirement System employer in a regularly established position immediately upon termination of the leave of absence and remains on the employer’s payroll for 1 calendar month, except that a member who retires on disability while on a medical leave of absence may not be required to return to employment. A member whose work year is less than 12 months and whose leave of absence terminates between school years is eligible to receive credit for the leave of absence if he or she returns to the employment at the beginning of the next school year and remains on the employer’s payroll for 1 calendar month; andThe member makes the required contributions for service credit during the leave of absence, which shall be 8 percent until January 1, 1975, and 9 percent thereafter of his or her rate of monthly compensation in effect immediately before the commencement of such leave for each month of such period, plus 4 percent interest until July 1, 1975, and 6.5 percent interest thereafter on such contributions, compounded annually each June 30 from the due date of the contribution to date of payment.
Effective July 1, 1980, any leave of absence purchased pursuant to this section is at the contribution rates specified in s. 121.071 or s. 121.71 in effect at the time the leave is granted for the class of membership from which the leave of absence was granted; however, any member who purchased leave-of-absence credit before July 1, 1980, for a leave of absence from a position in a class other than the regular membership class, may pay the appropriate additional contributions plus compound interest thereon and receive creditable service for such leave of absence in the membership class from which the member was granted the leave of absence.
Effective July 1, 2011, any leave of absence purchased by the member pursuant to this section shall be at the employer and employee contribution rates specified in s. 121.71 in effect during the leave for the class of membership from which the leave of absence was granted.

(a)

The member has completed the years of creditable service required for vesting, excluding periods for which a leave of absence was authorized;

(b)

The leave of absence is authorized in writing by the employer of the member and approved by the administrator;

(c)

The member returns to active employment performing service with a Florida Retirement System employer in a regularly established position immediately upon termination of the leave of absence and remains on the employer’s payroll for 1 calendar month, except that a member who retires on disability while on a medical leave of absence may not be required to return to employment. A member whose work year is less than 12 months and whose leave of absence terminates between school years is eligible to receive credit for the leave of absence if he or she returns to the employment at the beginning of the next school year and remains on the employer’s payroll for 1 calendar month; and

(d)

The member makes the required contributions for service credit during the leave of absence, which shall be 8 percent until January 1, 1975, and 9 percent thereafter of his or her rate of monthly compensation in effect immediately before the commencement of such leave for each month of such period, plus 4 percent interest until July 1, 1975, and 6.5 percent interest thereafter on such contributions, compounded annually each June 30 from the due date of the contribution to date of payment.Effective July 1, 1980, any leave of absence purchased pursuant to this section is at the contribution rates specified in s. 121.071 or s. 121.71 in effect at the time the leave is granted for the class of membership from which the leave of absence was granted; however, any member who purchased leave-of-absence credit before July 1, 1980, for a leave of absence from a position in a class other than the regular membership class, may pay the appropriate additional contributions plus compound interest thereon and receive creditable service for such leave of absence in the membership class from which the member was granted the leave of absence.Effective July 1, 2011, any leave of absence purchased by the member pursuant to this section shall be at the employer and employee contribution rates specified in s. 121.71 in effect during the leave for the class of membership from which the leave of absence was granted.
1. Effective July 1, 1980, any leave of absence purchased pursuant to this section is at the contribution rates specified in s. 121.071 or s. 121.71 in effect at the time the leave is granted for the class of membership from which the leave of absence was granted; however, any member who purchased leave-of-absence credit before July 1, 1980, for a leave of absence from a position in a class other than the regular membership class, may pay the appropriate additional contributions plus compound interest thereon and receive creditable service for such leave of absence in the membership class from which the member was granted the leave of absence.
2. Effective July 1, 2011, any leave of absence purchased by the member pursuant to this section shall be at the employer and employee contribution rates specified in s. 121.71 in effect during the leave for the class of membership from which the leave of absence was granted.

(2)

A member who is required to resign his or her office as a subordinate officer, deputy sheriff, or police officer because he or she is a candidate for a public office which is currently held by his or her superior officer who is also a candidate for reelection to the same office, in accordance with s. 99.012(5), shall, upon return to covered employment, be eligible to purchase retirement credit for the period between his or her date of resignation and the beginning of the term of office for which he or she was a candidate as a leave of absence without pay, as provided in subsection (1).

Source: Section 121.121 — Authorized leaves of absence, https://www.­flsenate.­gov/Laws/Statutes/2024/0121.­121 (accessed Aug. 7, 2025).

121.011
Florida Retirement System
121.012
Inclusive provisions
121.021
Definitions
121.22
State Retirement Commission
121.23
Disability retirement and special risk membership applications
121.24
Conduct of commission business
121.025
Administrator
121.30
Statements of purpose and intent and other provisions required for qualification under the Internal Revenue Code of the United States
121.031
Administration of system
121.35
Optional retirement program for the State University System
121.40
Cooperative extension personnel at the Institute of Food and Agricultural Sciences
121.045
Consolidation of liabilities and assets
121.046
Merger of the Judicial Retirement System into the Florida Retirement System Act
121.047
Consolidation of liabilities and assets
121.051
Participation in the system
121.052
Membership class of elected officers
121.053
Participation in the Elected Officers’ Class for retired members
121.055
Senior Management Service Class
121.061
Funding
121.071
Contributions
121.081
Past service
121.085
Creditable service
121.091
Benefits payable under the system
121.095
Florida Retirement System Preservation of Benefits Plan Trust Fund
121.101
Cost-of-living adjustment of benefits
121.111
Credit for military service
121.121
Authorized leaves of absence
121.122
Renewed membership in system
121.125
Credit for workers’ compensation payment periods
121.131
Benefits exempt from taxes and execution
121.133
Cancellation of uncashed warrants
121.135
Annual report to Legislature concerning state-administered retirement systems
121.136
Annual benefit statement to members
121.141
Appropriation
121.151
Investments
121.161
References to other laws include amendments
121.181
Effective date
121.182
Retirement annuities authorized for city and county personnel
121.191
Special acts prohibited
121.192
State retirement actuary
121.193
External compliance audits
121.231
Attorney’s fees and costs under s
121.0312
Review
121.355
Community College Optional Retirement Program and State University System Optional Retirement Program member transfer
121.0511
Revocation of election and alternative plan
121.0515
Special Risk Class
121.1001
Florida Retirement System Preservation of Benefits Plan
121.1115
Purchase of retirement credit for out-of-state or federal service
121.1122
Purchase of retirement credit for in-state public service and in-state service in accredited nonpublic schools and colleges, including charter schools and charter technical career centers
121.1815
Special pensions to individuals
121.1905
Division of Retirement

Current through Fall 2025

§ 121.121. Authorized leaves of absence's source at flsenate​.gov