Leave of Absence
A leave of absence refers to the time an employee takes away from the workplace. Some leaves of absence are governed by federal and state laws and may be paid or unpaid leaves.
What is a leave of absence?
Whether paid or unpaid, a leave refers to any time off an employee takes from work. Although many think of a long-term absence when they refer to a leave of absence, in the strictest sense of the definition, it may even encompass a few hours away from the worksite. Some leaves are required by federal or state law; others are given at the employer’s discretion. Examples of employee leave include:
- Adoptive parental leave
- Bereavement leave
- Disability leave
- Family leave
- Funeral leave
- Jury duty leave
- Medical leave
- Military leave
- Organ donor leave
- Personal time (e.g., a sabbatical)
- School activity leave
- Sick time
- Vacation time
- Victims leave
- Voting leave
Regardless of the types of leave you offer, it is critical to ensure they are clearly defined in your employee handbook. Specifically, address when an employee is eligible for leave, how a request for a leave of absence is approved, whether that type of leave is paid or unpaid, and the minimum and maximum amount of time allowed.
Why is understanding leave of absence important to my business?
When thinking about leaves of absence, people typically assume they are extended times away from the office beyond an individual’s accrued vacation time. Some of these types of leave would encompass situations such as educational leave, medical leave, parental leave, and personal leave for a sabbatical or relocation.
While these leaves of absence may be paid or unpaid, or even voluntary or involuntary, the Family and Medical Leave Act of 1993 requires employers to allow up to 12 weeks of unpaid, job-protected leave of absence for reasons including:
- Providing care for an infant following the birth of a child
- Providing child care after adopting or beginning foster care of a child
- Receiving medical treatment
- Providing care for a family member
- Seeking external personal or social services support
What is the history of leaves of absence?
The Family and Medical Leave Act (FMLA) was passed in 1993 after spending more than 9 years in development and debate. This law provides job protection for employees who need to take a leave of absence for a protected reason. The Act is relevant to any business that employs 50 or more employees who work at least 20 or more hours per work week.
In addition to the FMLA, the Americans with Disabilities Act (ADA) was passed into law and specifically covers leave for any absences an employee needs that may be related to their disability. This includes physical and mental disabilities that may limit certain life activities. The ADA applies to employers with 15 or more employees. As a result of the FMLA and ADA, some leaves of absence are protected at the federal, state, or local level and must be approved. A quick sample of these leaves includes:
- Care for an ill family member
- Care for a covered service member with a serious illness or injury
- Jury duty
- Military exigencies
- Parental leave in case of childbirth, adoption, or foster care
- Voting
Summary
Traditionally thought of as an extended amount of time an employee is away from the office, a literal interpretation of leave of absence includes any period of time an employee is away from work for personal reasons.
