Leave of Absence
Leave of absence meaning
A leave of absence is a period of time that an employee is authorized to be away from work while maintaining their employment status. They are usually granted for a fixed set of reasons specified by company policy or employment contracts, such as illness and disability, family emergencies, military service, or continuing education.
Some types of leave of absence from work are required by law (depending on the country and state), such as FMLA, jury duty, and military service. Others are created by unfortunate situations such as short-term disability.
However, sometimes employers will offer a leave of absence to valuable employees so they can seek special opportunities such as attending graduate school, studying as a renowned industry expert, or taking a sabbatical.
How does leave of absence work?
A leave of absence allows an employee to step away from work temporarily while providing job security during the leave period. The process often involves the employee requesting the leave based on company policies or legal entitlements such as personal, medical, or family reasons. The request needs to be formally submitted and approved by the employer, and it can be either paid or unpaid, depending on the type of leave and the company’s policy.
The key is good communication throughout the process to ensure the leave achieves its purpose with minimum disruption to the employer and employee. Following policy guidelines makes the process smooth.
Types of leave of absence
There are two primary types of LOAs, mandatory and voluntary leave. They are defined by whether the type of leave is required by law for both the employee and employer.
Mandatory leave
This type of leave is governed by federal, local, and state laws, like the Family Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA), and it’s not typically at the employee’s request. Types of mandatory leave include maternity and parental leave under FMLA, military service, jury duty, etc.
Voluntary leave
This type of leave is taken at the discretion of the employee, often with the employer’s approval. Voluntary leave includes medical treatments, mental health leave, bereavement leave, educational opportunity leaves, and sabbaticals, among others. Employers are not legally obligated to provide these leaves of absence, nor are employees required to take them; however, they can boost employee wellbeing, work-life balance, and career flexibility.
What is the Family and Medical Leave Act (FMLA)?
The FMLA is a federal law in the US that entitles eligible employees to take a maximum of 12 work weeks of unpaid, job-protected leave in a 12-month period for specific family and medical reasons.
Some key points about the FMLA leave of absence are:
- It applies to private-sector employers with 50 or more employees
- Employees are eligible if they have been employed with the company for a minimum of 12 months and have worked at least 1,250 hours in the 12 months prior to taking leave
- The 12 work weeks of leave can be taken all at once or intermittently when medically necessary
- Employees are entitled to return to the same or an equivalent job after coming back from FMLA leave
- FMLA leave is unpaid, though employees have the option, or employers may require use of accrued paid leave
- Leave can be taken for reasons such as childbirth or child adoption, to attend to a family member with a serious health issue, or for an employee’s own personal health emergency.
HR tip
HR professionals must understand key protected leaves like FMLA medical leave, jury duty, military service, or voting leave in order to comply with eligibility, duration, pay, job security, and other regulations. This is crucial to avoid legal violations and maintain positive employee relations.
What is short-term disability leave of absence?
A short-term disability leave of absence is an extended time off work during which an employee is unable to work due to a temporary disability. This could be due to an illness, injury, or medical condition that isn’t work-related.
This type of leave is used when an employee is medically unable to work but does not qualify for Family and Medical Leave Act (FMLA) leave or has exhausted their 12 weeks of FMLA leave. It provides continuation of part of an employee’s income through disability insurance benefits that can last from a few weeks to several months, typically 3-6 months. The benefits provided usually represent between 50-70% of the employee’s regular earnings, depending on the specific terms of the insurance policy.
Leave of absence policy: What to include
Building a well-designed leave of absence policy requires some careful thought and planning. Here are some key elements to consider when developing this type of policy:
- Research your legal compliance and requirements
- Determine the types of leave to be covered by the policy
- Determine eligibility criteria: duration of the service, reasons for leave, etc.
- Structure request and approval procedures
- Establish leave compensation
- Communicate the policy to the employees
- Review and update the policy.
To see a more in-depth look at how to craft a leave of absence policy, read our leave of absence policy article.
FAQs
There’s no fixed duration for a leave of absence – the length can vary significantly depending on the company’s policies and the reason for the leave. For example, FMLA provides up to 12 work weeks of unpaid leave per 12-month period for medical and family emergencies, while bereavement leave may only be a few days.
A leave of absence can be either paid or unpaid, depending on the employer’s policies, although most are unpaid by default. Paid leaves typically use allotted time off benefits like sick days, vacation/PTO days, parental leave, short-term disability insurance, etc.
Leave of absence and FMLA are not the same thing. FMLA is a specific, legally protected type of leave of absence. FMLA is mandated by federal law, while a leave of absence is a general term and can be voluntary or mandatory.
A leave of absence doesn’t mean an employee is fired. A leave of absence is intended to provide job protection and allow an employee to take extended time away from work while maintaining their employment.
