Florida: No Duty to Accommodate Off-Duty Medical Marijuana Use

APPLIES TO All Employers with Employees in FL

EFFECTIVE JUL 29, 2026

QUESTIONS? Contact HR On-Call (888) 378-2456

 

Quick Look In Hillsborough County v. Giambrone, the Florida Second District Court of Appeal ruled that public employers are not legally required to accommodate off-duty medical marijuana use. In reaching its ruling, the court found that medical marijuana was a nonprescription medication under both the County’s drug-free workplace policy and the collective bargaining agreement (CBA) in place with the County. The court also found that nothing in Florida’s medical marijuana law required employers to accommodate on-site use in a place of employment. Although the law did not address off-duty use, that did not mean it granted an employee rights against employers for off-duty use.

Discussion

In Hillsborough County v. Giambrone, the Florida Second District Court of Appeal ruled that public employers are not legally required to accommodate off-duty medical marijuana use. Here, Angelo Giambrone, a firefighter paramedic, worked for Hillsborough County Fire Rescue when he was selected for a random urine drug test which ultimately showed positive for marijuana. Based on the positive test, the County placed him on unpaid administrative leave. Giambrone then filed a civil action against the County for failure to accommodate and wrongful termination based on the County’s refusal to accept the medical marijuana card as justification for the positive result, and additional claims. A trial court found in favor of Giambrone and ruled that the County must “provide an accommodation to employees who present a valid State of Florida Medical Marijuana Card after testing positive for marijuana” so long as there is “no evidence” of on-duty use, possession, or working “under the influence.” The County appealed.

 

In reaching its ruling, the court found that medical marijuana was a nonprescription medication under both the County’s drug-free workplace policy and the collective bargaining agreement (CBA) in place with the County. As such, medical marijuana under the policy and the CBA was a specifically excluded substance beyond those that are criminally prohibited. Medical marijuana also requires dispensing through licensed dispensaries and is not available for general public use under Florida law. The court also found that nothing in Florida’s medical marijuana law required employers to accommodate on-site use in a place of employment. Although the law did not address off-duty use, that did not mean it granted an employee rights against employers for off-duty use.

 

Employers should note that the ruling was based both on the employer’s specific policy and the CBA. For similar situations, employers with drug-free workplace policies and CBA’s should review their definitions of prescription and nonprescription medication for alignment with this case to consistently enforce their policies. It remains to be seen whether the case will be appealed to the Florida Supreme Court. Until then, employers should consult with their legal counsel regarding any duty to accommodate employees with medical marijuana cards.

 

Action Items

1. Review and revise drug-free workplace policies and collective bargaining agreements, if applicable.
2. Consult with legal counsel regarding duty to accommodate medical marijuana use.
3. Have appropriate personnel trained on the requirements.

 

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Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2026 ManagEase

Illinois: Legislative Updates

APPLIES TO As Indicated

EFFECTIVE As Indicated

QUESTIONS? Contact HR On-Call (888) 378-2456

 

Quick Look The workers’ compensation burial expense benefit has increased from $8,000 to $10,000. Job postings requiring a valid driver’s license must explain why the license is necessary, unless driving is an essential function of the job and a business necessity. Menopause-related conditions are covered under the Illinois Human Rights Act’s definition of “pregnancy,” triggering anti-discrimination protections, reasonable accommodation obligations, and updated notice requirements. The Attorney General’s Workplace Rights Bureau gains expanded investigatory powers, including subpoena authority and the ability to seek administrative inspection warrants. The Genetic Information Privacy Act now covers biomarker testing information, not just genetic information. Job protections for volunteer emergency workers have been expanded to cover training time and prohibit penalizing affected employees. Health care providers must implement new internal reporting, incident logging, and annual summary reporting procedures under the Health Care Violence Prevention Act, with penalties for noncompliance.

Discussion

Illinois Governor JB Pritzker signed several bills this summer affecting employer obligations across a range of topics. Key aspects of each are summarized below.

 

AUG 7, 2026 | Workers’ Compensation Burial Expense Benefit Increased. HB 5228 increases the burial expense benefit available under Illinois workers’ compensation coverage from $8,000 to $10,000.

 

JAN 1, 2027 | Driver’s License Requirements in Job Postings. HB 4758 amends the Illinois Job Opportunities for Qualified Applicants Act (commonly known as the state’s “Ban the Box” law) to restrict covered employers from stating in a job posting that applicants must have a valid driver’s license, unless driving is an essential function of the job and a business necessity. If a posting does include a driver’s license requirement, it must also briefly explain why the license is necessary for the position. Employers that violate the law are subject to penalties imposed by the Illinois Department of Labor. Notably, the law is narrower than a similar 2024 California law, which applies more broadly to job advertisements, applications, and other materials and turns on whether an employer “reasonably anticipates” driving to be an essential function. Illinois’s law is limited specifically to job postings.

 

JAN 1, 2027 | Menopause-Related Conditions Added to the Illinois Human Rights Act. HB 5284 amends the Illinois Human Rights Act (IHRA) to expand the statutory definition of “pregnancy” to include menopause-related conditions, extending existing pregnancy-related protections to employees experiencing perimenopause, menopause, and associated conditions such as vasomotor symptoms, sleep disruption, cognitive or mood changes, and osteoporosis-related changes. The law applies to Illinois employers with one or more employees.

 

Under the expanded law, employers are prohibited from discriminating against employees based on menopause-related conditions and must provide reasonable accommodations, following the same framework already used for pregnancy-related accommodations. This can include measures such as frequent or longer breaks, seating, temporary transfer to a less strenuous position, modified schedules, or job restructuring. The amendments also add flexible scheduling, modified work hours, and temperature or climate-adjusted workspaces to the list of suggested accommodations. Separately, the law also amends the Illinois Insurance Code to impose new coverage requirements for menopause and perimenopause-related care, effective January 1, 2028.

 

JAN 1, 2027 | Expanded Investigatory Authority for the Workplace Rights Bureau. HB 4725 significantly expands the investigatory powers of the Workplace Rights Bureau within the Illinois Attorney General’s Office. The Bureau may now issue subpoenas for documents, require written answers under oath to interrogatories, inspect an employer’s premises, and interview employees. If an employer refuses to permit an inspection, the Attorney General may seek an administrative inspection warrant upon reasonable cause on belief an immediate investigation is necessary.

 

JAN 1, 2027 | Genetic Information Privacy Act Expanded to Cover Biomarkers. SB 2886 amends the Illinois Genetic Information Privacy Act (GIPA) to extend its protections to biomarker testing information, in addition to existing genetic information protections. As amended, the law prohibits employers from: (1) requesting, requiring or purchasing biomarker information as a condition of employment or application; (2) discriminating against an employee or applicant on the basis of biomarkers or biomarker testing; and (3) using biomarkers or biomarker testing in a workplace wellness program unless certain consent, confidentiality, and written authorization requirements are met.

 

JAN 1, 2027 | Volunteer Emergency Worker Protections Expanded. HB 1353 amends Illinois’ Volunteer Emergency Worker Job Protection Act in three key ways. First, it extends job protection to time spent in required training for volunteer emergency work, not just time responding to an emergency. Second, it prohibits employers from penalizing, not just terminating, employees who are late or absent because of an emergency response or required training. Third, it prohibits employers from requiring volunteer emergency workers to use vacation or other compensatory time to respond to an emergency or attend required training.

 

JAN 1, 2027 | Health Care Violence Prevention Act Amended. SB 2713 amends the Health Care Violence Prevention Act (HCVPA) to require that a covered health care provider’s workplace violence prevention program include an internal system for employees to report incidents of “type 2” violence to the provider. The amendments also prohibit health care providers from maintaining any policy that limits the type of workplace violence a health care worker may report to law enforcement or the Illinois Department of Public Health.

 

The law also phases in new recordkeeping and reporting requirements. By November 30, 2027, the Department of Public Health must publish a template or form for logging type 2 violent incidents occurring in the emergency department, and health care providers must begin using it within three months after publication. Each logged incident must include details such as the nature of the incident and any environmental risk factors, the date, time, and job titles of involved employees, the identity of the perpetrator if known, the nature and extent of any injuries, and how the incident was addressed. Beginning May 31, 2028, and annually thereafter, health care providers must submit a deidentified aggregate summary report to the Department covering the prior calendar year, including the total number of type 2 incidents, associated recordable injuries, and a summary of the provider’s violence prevention activities. The Department will notify any provider that misses the deadline, giving it 30 days to submit the report, and may impose fines of up to $500 per day for continued noncompliance.

 

Action Items

1. Audit job postings for compliance with new driver’s license restrictions.
2. Update anti-discrimination and reasonable accommodation policies and required workplace notices to expressly cover menopause-related conditions.
3. Update data privacy and handling practices for genetic information to account for the inclusion of biomarker testing information under GIPA.
4. Update volunteer emergency responder leave policies to comply with the expanded protections.
5. Health care providers should begin preparing for violent incident logging and reporting requirements.
6. Have appropriate personnel trained on the new and updated requirements.

 

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Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2026 ManagEase

Maryland: Updated Resources for FAMLI Program

APPLIES TO All Employers with Employees in MD

EFFECTIVE As Indicated

QUESTIONS? Contact HR On-Call (888) 378-2456

 

Quick Look Maryland’s Department of Labor (MDOL) released new resources to help employers and their workers understand the upcoming FAMLI program. The employer registration portal is now open. MDOL has also published information for employers to use a private plan instead of the state plan. All employers must electronically submit Quarterly Wage and Hour Reports (QWHRs) to the FAMLI Division – including those with private plans.

Discussion

Maryland’s Department of Labor (MDOL) released new resources to help employers and their workers understand the upcoming FAMLI program. FAMLI provides workers with up to twelve weeks of paid leave for qualifying family and medical reasons. Contributions funding the program begin January 1, 2027 with benefits beginning January 3, 2028. The new resources address employer registration, private insurance plan options, and quarterly wage and hour reporting.

 

The employer registration portal is now open. Employers with at least one employee working in Maryland need to register with FAMLI. Initial registration must be completed by an authorized officer who needs to provide an email address and phone number as well as a Social Security Number and a valid form of identification. Third party agents like payroll providers, PEOs, CPAs, and HR or benefits administrators can also register on behalf of their clients. Such agents will need to have their clients sign a power of attorney to manage FAMLI tasks on their behalf.

 

MDOL has also published information for employers to use a private plan instead of the state plan. Private plans must provide the same level of benefits and services as the state plan or better and must be approved by the FAMLI Division. Private plans can be commercial insurance plans or self-insured. Employers with fewer than 50 employees can apply for a self-insured plan if they already have their own FAMLI-compliant plan in place by July 31, 2026. Employers who intend to apply for a private plan and want to be exempt from contributions must submit a Declaration of Intent (DOI) between September 1-November 15, 2026. Private plan applications will be available in summer 2027 and will be due October 1, 2027.

 

All employers must electronically submit Quarterly Wage and Hour Reports (QWHRs) to the FAMLI Division – including those with private plans. FAMLI uses the information provided in these reports as the basis for determining employee eligibility and benefit amounts based on the number of hours they work. Contributions must be paid on or before the quarterly due date to avoid penalties and interest. Employers should continue to monitor the FAMLI Division website for additional updates.

 

Action Items

1. Complete employer registration process.
2. Submit Declaration of Intent to use private plan, if applicable.
3. Monitor website for availability of private plan applications.
4. Review and update relevant leave policies and procedures.
5. Have appropriate personnel trained on the requirements.

 

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Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2026 ManagEase

Discussion

Minnesota: Victim Leave Expanded

Effective August 1, 2026, Minnesota SF 4760 revised the definition of “violent crime” in Minn. Stat. § 609.749(5) to include stalking. Employees who are a victim, or whose spouse or immediate family member is a victim, of a violent crime are entitled to take leave to attend criminal proceedings related to the victim’s case.

 

Minneapolis, MN: Local Minimum Wage Increase

Effective January 1, 2027, the minimum wage in Minneapolis, Minnesota, increases from $16.37 to $17.02 under an annual inflation adjustment required by the city code. On July 1, 2027, small businesses will have to pay the same rate. The adjustment is based on the percentage increase calculated by the state labor department for purposes of the state minimum wage, rounded to the nearest cent.

 

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Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2026 ManagEase

Discussion

New Mexico: Repealed Caregiver Leave Act Regulation

Effective August 11, 2026, New Mexico repealed the Caregiver Leave Act regulation (NMAC 11.1.7.10) regarding employer notice and posting requirements.

 

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Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2026 ManagEase