Law says severance limited to 20 weeks

Florida statutes limit severance pay to 20 weeks – which explains why the contracts for Escambia County Administrator and St. Johns Superintendent of Schools both limited any severance to 20 weeks.

The policy proposed by Escambia Superintendent Malcolm Thomas and his administrators says the board can dismiss the appointed superintendent for any non-disciplinary reason with a super majority vote,

“as long as it fulfills and honors the salary and fringe benefit obligation of the contract.”

That clause appears to be illegal if the employment contract doesn’t set the severance compensation to no more than 20 weeks.

215.425 Extra compensation claims prohibited; bonuses; severance pay.—

(4)(a) On or after July 1, 2011, a unit of government that enters into a contract or employment agreement, or renewal or renegotiation of an existing contract or employment agreement, that contains a provision for severance pay with an officer, agent, employee, or contractor must include the following provisions in the contract:

1. A requirement that severance pay provided may not exceed an amount greater than 20 weeks of compensation.

Florida Statutes