A leave of absence (LOA) is a period of approved, extended time away from an employee’s regular work duties. This temporary separation is not a termination and is granted with the expectation that the employee will return to their position. LOA rules involve federal laws, state regulations, and specific employer policies. Understanding these components is necessary to protect an employee’s rights, benefits, and job security during their time away.
Understanding the Different Types of Leave
Employees take leave for various reasons, categorized primarily by purpose.
Medical Leave is taken when an employee cannot perform job functions due to their own serious health condition. This includes time for recovery from surgery, managing a chronic illness, or addressing a mental health condition.
Family Leave focuses on the health or welfare of a close relative or the addition of a new family member. It is used for caring for a spouse, child, or parent with a serious health condition, or for parental bonding after birth, adoption, or foster care placement.
Military Leave is reserved for employees called to active duty or for family members requiring time off for qualifying exigencies related to deployment.
Medical, Family, and Military leaves are often protected by statutory law, granting the employee a legal right to the time off if they meet specific criteria. In contrast, Personal Leave is non-statutory and granted purely at the employer’s discretion. This type of leave covers situations like extended educational pursuits or sabbaticals, and its terms are dictated entirely by company policy.
Job Protection: Understanding Federal and State Rights
The primary federal protection is the Family and Medical Leave Act (FMLA), which guarantees up to 12 workweeks of job-protected, unpaid leave in a 12-month period.
To be eligible, an employee must have worked for a covered employer for at least 12 months and accumulated a minimum of 1,250 hours of service in the preceding year. Employers are covered if they are a public agency, a school, or a private company with 50 or more employees within a 75-mile radius.
FMLA provides the right to job restoration, meaning the employee must be returned to the same position or an equivalent one upon return. An equivalent position must be virtually identical in terms of pay, benefits, and other terms of employment. The law also mandates that the employer must continue the employee’s group health insurance coverage under the same conditions as if they had not taken leave.
State laws often provide additional or broader rights than the federal FMLA. Employees should check their state’s regulations, as these laws may cover smaller employers, extend eligibility to more workers, or offer paid leave benefits that FMLA does not mandate.
Navigating the Leave Application Process
The LOA application process must adhere to specific procedural requirements set forth by the employer, even for legally protected leave.
The employee must first notify their manager and the Human Resources department of the need for leave. For foreseeable events, such as planned surgery or the birth of a child, notification must generally be given at least 30 days in advance.
The employer requires official documentation, often a medical certification form completed by a healthcare provider, to support the request. This documentation must specify the nature of the condition, the start date, the probable duration, and the medical necessity for the absence. Failure to provide complete and timely documentation can delay or deny the leave designation.
HR determines the employee’s eligibility under applicable laws and policies and informs the employee of the decision and their rights within five business days of receiving the request. Employees must communicate an estimated return date and cooperate with requests for updated information while on leave.
Managing Pay and Benefits During Absence
Federal statutory leave, such as FMLA, is typically unpaid, as the law does not require employers to provide wages during the 12-week period of job protection. Employees may be required or allowed to substitute accrued paid time off (PTO), sick days, or vacation time to cover lost wages concurrently with the unpaid leave.
For an employee’s own serious health condition, wage replacement may be available through a private Short-Term Disability (STD) insurance policy. This insurance usually provides a percentage of the regular salary, such as 60%, after a specified waiting period. Additionally, a growing number of states entitle employees to paid benefits through state-mandated paid family and medical leave programs.
A significant protection under FMLA is the continuation of group health benefits during the leave period. The employer must maintain the employee’s health coverage under the same terms as if the employee were actively working. While the employer pays their share of the premium, the employee remains responsible for their portion, often collected through pre-payment arrangements or direct billing.
Returning to Work and Reinstatement
As the approved leave approaches its end, the employee must communicate their intent to return to work.
For medical leave involving the employee’s own serious health condition, the employer requires a fitness-for-duty certification from the healthcare provider. This documentation confirms the employee is medically cleared to resume their normal duties.
Under FMLA, the employee has the right to be reinstated to their original job or an equivalent position. The employer cannot offer a position that constitutes a demotion or a significant reduction in responsibilities. If the employee cannot return to work on the scheduled date, they must request an extension and provide updated medical certification, though continued job protection beyond the 12-week FMLA limit is not guaranteed.