HR Glossary  /  Leave of Absence
Leave of Absence6 min read
Table of Contents:

What is a Leave of Absence?

A leave of absence (LOA) is a period in which an employee steps away from their job due to personal, medical, or other serious reasons, while still holding on to their status as an employee. Unlike regular paid time off or sick leave, a leave of absence is often requested for more serious or long-term circumstances and can be either paid or unpaid, depending on the situation.

For employees, knowing the rules and regulations surrounding a leave of absence, gives them the peace of mind that they can handle personal matters without losing their job. For a covered employer, it's a way to retain highly skilled employees, support their well-being, and stay in compliance with legal requirements.

What does leave of absence mean? A leave of absence is an occasion in which an employee needs to step away from work for an extended time but remains employed. It’s different from your usual time off. Instead, it's meant for more pressing events, like dealing with a serious health condition, family emergency, or other personal matters that require more than just a few days away from the office.

The important thing is that during a leave of absence, the employee’s job is protected. The process usually involves the employee submitting a request, which is reviewed and approved by the employer based on company policies or legal requirements. Whether it’s a paid leave or an absence, unpaid leave will depend on the situation, but the goal is to give employees the time they need while making sure the company can manage the absence without major disruptions.

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Is leave of absence mandatory?

In the United States, only certain types of leave, including medical leave of absence, are mandatory for employers. Other types of leave of absence can be asked for and agreed on, but they are not legally required.

When it comes to taking time off from work, not all leaves of absence are the same. Some are required by law, and others are offered as a perk by employers. Let's break down the different types of leave and how they work.

Medical Leave of Absence

A medical leave of absence is one of the most common types of leave that usually falls under mandatory leave. This is when an employee needs time away from work to recover from an illness, injury, or undergo medical treatment. In many cases, it’s covered by the Family Medical Leave Act (FMLA), which grants eligible employees up to 12 weeks of unpaid, job-protected leave for serious health conditions.

Even though the leave is unpaid, FMLA guarantees that employees can return to their job or an equivalent position when they’re ready to come back. Employers may also request medical documentation to approve the leave. Plus, some companies offer paid medical leave as part of their benefits package, which is a voluntary addition to the basic FMLA conditions.

Personal Leave of Absence

A personal leave of absence falls under voluntary leave. Unlike medical leave, personal leave is more flexible and can cover a range of personal reasons that require an extended period of time off—whether it’s to take care of a family emergency, pursue a short academic program out of the country, or manage personal challenges like mental health.

The important thing to know here is that personal leave is not required by law. It’s up to the employer’s discretion whether they offer this kind of leave, and if they do, the terms, like whether it’s paid or unpaid, will vary. On top of that, personal leave typically doesn't offer the same job protection as FMLA, so employees may not have the same guarantee of returning to their exact role.

Maternity leave is mandatory in most cases and is covered by FMLA. It gives new mothers time off for childbirth and recovery. Maternity leave can also start before the birth if medically necessary. Under FMLA, eligible employees can take up to 12 weeks of unpaid leave, but many companies go beyond this with paid parental leave options as part of their benefits package.

Paternity leave, while also covered by FMLA, tends to vary more in practice. Like maternity leave, FMLA covers up to 12 weeks of unpaid time off, but many employers offer paid leave to encourage both parents to take time with their new child. Even though not required by law, paid paternity leave is becoming more common as companies recognize the importance of parental involvement in the eMaternity and Paternity Leavearly stages of a child’s life.

Other Types of Leave

There are several other types of leave that employees might need, some of which are mandatory and some voluntary:

  • Military leave: For employees called to active duty or training, military leave is protected under federal law through the Uniformed Services Employment and Reemployment Rights Act (USERRA), which enforces the rights of the covered service member during military service.
  • Bereavement leave: Bereavement leave allows employees to take time off to grieve the loss of a loved one. The textbook answer is that bereavement leave is for “emotional recovery,” but the time off is usually reserved to attend a funeral. While not federally mandated, many employers offer this type of leave as a voluntary benefit, which often stipulates between three and five days off.
  • Jury duty leave: Employees chosen for jury duty or to serve as a witness in court are usually entitled to time off without penalty. This is typically mandated by state laws, and while the leave is often unpaid, employees can't be fired for serving jury duty.
  • Compassionate care leave: This is for employees who need to care for a critically ill family member. This is not a usual leave in the United States. If you've read about it, it's because many provinces in Canada have their own local law that protects this type of time off.

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When designing your leave of absence policy, take into account these specific voluntary leave guidelines:

Coming up with Clear Policies

It's important to have a well-defined leave of absence (LOA) policy that covers eligibility, the types of leave offered, and the process for requesting time off. Include details on whether leave is paid or unpaid, and how employees can return to work without issue.

Legal Responsibilities (FMLA)

Under the FMLA, eligible employees can take up to 12 weeks of unpaid, job-protected leave for specific family or medical reasons. Employers must also comply with federal laws and any state-specific regulations, like California’s FEHA.

Supporting Employees on Leave

Offer guidance to employees during their leave, from understanding their rights to dealing with paperwork or accessing benefits.

Under the FMLA, employees on leave are entitled to return to the same or an equivalent job with the same pay, benefits, and working conditions as before their leave. However, for other types of leave, like voluntary or short-term disability leave, a company is entitled to cease employment.

On top of that, taking a leave of absence from work can sometimes affect an employee's career progression, although this largely depends on company policies. While employees on protected leave cannot legally be penalized, companies should clearly state how LOAs might influence performance reviews, salary increases, or promotional opportunities.

In other words, employers need to implement fair and transparent reinstatement policies for employees returning from leave. For protected leaves like FMLA, the eligible employee should be reinstated to the same or equivalent position. For other leaves, employers should document the process and clearly communicate expectations to both the employee and their manager. Also, offering reintegration plans can help employees adjust to their jobs after a long absence.

How do we determine if an employee qualifies for leave under FMLA?

To qualify, the employee must have worked for at least 12 months and logged 1,250 hours in the past year. Also, your company must have 50 or more employees within a 75-mile radius. This last requisite might sound perplexing, but it's what FMLA regulation 825.300 stipulates.

Can employees take multiple leaves of absence in a year?

Yes, if their reasons meet FMLA or company policy criteria. For FMLA, the total leave cannot exceed 12 weeks in a 12-month period, though it can be taken intermittently if needed.

Can employees accrue vacation or PTO during their leave of absence?

This depends on your company’s policy. Generally, employees on unpaid FMLA leave do not accrue PTO, but employers can choose to allow accrual based on internal guidelines.

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