Leave Of Absence: What Is It and How Does It Work?

There are various reasons you might need to take a leave of absence, and understanding this process can significantly benefit your career and well-being in the long run.

Before you prepare for your leave, it’s essential to strategize your approach. Begin by reviewing your company’s policies regarding extended leaves. This includes understanding the duration of leave you may need, your legal rights, and the permissible duration of your absence.

This article will provide you with a comprehensive understanding of what a leave of absence entails and how it operates from both employee and employer perspectives.

Key Takeaways:

• Leave of absence can arise from various situations, including health issues, family care responsibilities, bereavement, educational pursuits, or burnout.
• A temporary leave allows you to address personal matters without the stress of job loss.
• The duration of a leave can vary based on personal circumstances, whether they are health-related, familial, or personal.

What is a Leave of Absence, and How Does It Work?

A leave of absence allows employees to take time off work without the fear of losing their position. The duration of the leave can vary based on individual circumstances, such as health, family needs, or personal reasons.

• This leave can be paid or unpaid, depending on company policy and whether the leave is voluntary or mandated. Employers are generally required to provide paid leave for mandatory situations.
• Medical leave falls under this category and is protected by state and federal laws. This includes maternity and paternity leave, as well as leave for those with disabilities or who are on military duty. Protection is provided under the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and the Uniformed Services Employment and Reemployment Rights Act (USERRA).
• There are various types of leaves of absence, such as sabbaticals and furloughs.
• A sabbatical, often utilized in educational institutions, allows staff to take an extended break to recharge, typically ranging from six months to a year. Many organizations compensate employees during this time.

In challenging economic times, employers may implement furloughs, which allow employees to take unpaid leave when the company cannot sustain its workforce. This can involve reduced hours or temporary suspensions from work.

What do you tell employees who use too much sick time?

To foster a healthy work environment, employers should offer a robust benefits package, including a clear sick leave policy. Most companies provide a minimum of ten sick days annually. Not offering sick leave poses risks, as it may compel unwell employees to work, potentially jeopardizing workplace health.

• It’s natural for employees to become ill occasionally. However, if an employee frequently misses work, it’s essential to discern patterns. Be mindful of employees protected under ADA or FMLA to avoid potential legal issues.
• Monitor sick leave patterns, such as frequent absences on Mondays or Fridays. If you notice consistent trends, document your observations for reference.
• Approach the employee about their absences to demonstrate care and support. Remind them of the sick leave policy and encourage proper use of this benefit.

How does an employee qualify for FMLA?

The Family and Medical Leave Act (FMLA) allows eligible employees to take unpaid leave to care for family members or themselves during serious health conditions. The U.S. Department of Labor outlines the following eligibility criteria:

• Employees must have worked for their employer for at least twelve months.
• The workplace must have at least 50 employees within a 75-mile radius.
• Employees must have logged at least 1,250 hours of work in the past year.

Employers may require employees to provide documentation from healthcare providers. Always confirm your qualifications with company policies.

Do my employees get to keep their health benefits?

If you must place employees on mandatory leave, such as furloughs, you may wonder if they will retain their benefits. Legally, you are not obligated to continue health benefits during unpaid leave.

However, it’s essential to review your company’s policies to determine which benefits may be maintained or suspended during an employee’s absence.

How do I create a leave of absence request form for my business?

Before drafting any documentation, consult your legal team to review the leave of absence policy. Determine the criteria for approving employee leave requests, including any required notice periods.

When creating the form, acknowledge that different situations may require unique documentation, such as FMLA or ADA-related paperwork.

The form should collect essential information, including the employee’s contact details, department, supervisor, anticipated duration of leave, and reason for absence (personal or medical). Both the supervisor and Human Resources should review the request.

Leave of Absence FAQ

1. Can employees take off for psychological reasons such as stress or depression?

   The short answer is yes. If an employee requests a leave due to anxiety, stress, or depression, they may be protected under FMLA. Request documentation from a qualified healthcare professional.

2. What are common ways employees might try to abuse a leave policy?

   Unfortunately, some employees may attempt to exploit leave policies. While only a small percentage might do this, it’s essential to be aware. Common abuses include:

   • Extending weekends.
   • Using PTO for secondary employment.
   • Prolonging medical leave after recovery.

3. When can employees take leave for personal reasons?

   Employees may request personal leave beyond PTO limits. Reasons can include marriage, bereavement, significant events, or travel. Such personal leaves are typically unpaid and voluntary.

   Employees are not legally obligated to disclose their reasons for absence, although doing so can foster better communication. Approval for personal leave is at the employer’s discretion, but granting this time can enhance employee morale and productivity.

   Mandatory leaves, such as for jury duty or military service, are legally protected and often paid.

Final Thoughts

Understanding leave of absence policies is crucial for both employees and employers. A well-structured leave policy can enhance productivity and support employee well-being. If you’re exploring job opportunities, review potential benefits before making a commitment.

As an employer, ensure that your leave of absence policy is clear, comprehensive, and tailored to your organization’s needs.

Author

Chris Kolmar

Chris Kolmar is a co-founder of Zippia and the editor-in-chief of the Zippia career advice blog. He has hired over 50 people in his career, been hired five times, and wants to help you land your next job. His research has been featured on the New York Times, Thrillist, VOX, The Atlantic, and a host of local news. More recently, he's been quoted on USA Today, BusinessInsider, and CNBC.