Florida Law Provides That Wages or Unemployment Compensation Due A Deceased Employee May Be Paid to the Spouse or Certain Relatives

Florida Statute Section 222.15 provides:


  • It is lawful for any employer, in case of the death of an employee, to pay to the wife or husband, and in case there is no wife or husband, then to the child or children, provided the child or children are over the age of 18 years, and in case there is no child or children, then to the father or mother, any wages or travel expenses that may be due such employee at the time of his or her death.
  • It is also lawful for the Agency for Workplace Innovation, in case of death of any unemployed individual, to pay to those persons referred to in subsection (1) any unemployment compensation payments that may be due to the individual at the time of his or her death.

Florida Statute Section 222.16 provides that such wages or unemployment compensation so paid are not subject to administration. The Statute provides:


Any wages, travel expenses, or unemployment compensation payments so paid under the authority of s. 222.15 shall not be considered as assets of the estate and subject to administration; provided, however, that the travel expenses so exempted from administration shall not exceed the sum of $300.