Ever wondered how to take a leave of absence from work? It’s a vital option for employees facing extraordinary circumstances that require time away from work. Unlike your typical vacation or sick leave, a leave of absence typically spans a longer duration, potentially stretching into indefinite territory.
In this article, we unravel the intricacies of leaves of absence, distinguishing them from other forms of time off and outlining both mandatory and voluntary reasons behind them.
What Is a Leave of Absence?
A leave of absence is an option for employees who need to take time off work because they are experiencing circumstances that are out of the ordinary. Specifically, a leave of absence is different from paid time off (PTO), vacation time, and regular sick leave. Vacation time and sick leave are generally short-term absences, while a leave of absence is usually a long, possibly indefinite, absence.
Mandatory Leave of Absence
A leave of absence that is governed by federal, state, or local law is also known as a job-protected leave and is considered mandatory. Generally, mandatory leaves of absence are governed by the Family Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA).
Under FMLA, eligible employees may take up to 12 weeks off without pay. Then, when that employee returns to work, they are generally restored to their former position or transitioned to an equivalent role. In some situations, employees might be entitled to extended leaves as collectively bargained by union representation.
Mandatory leave of absence reasons
- Medical leaves of absence governed by FMLA and ADA
- Jury duty
- Leaves for military service
- Caring for a spouse, child, family member, or covered service member who is ill or has a serious injury
- Adoption of a new child or foster care child
Voluntary Leave of Absence
An extended leave of absence that is voluntary is generally up to the discretion of the employer and depends on the company policy.
The employer is under no obligation to provide job protection, but it could be an employee perk of the job. Furthermore, this type of employee leave does not provide the same protection as the ones covered by the ADA or FMLA. That means that employees may not be able to return to the same position when the leave of absence ends.
Voluntary leave of absence reasons
- Some employees may want to take a sabbatical.
- Employees might need time off because they are moving.
- Employees might want to go back to school to finish a degree.
- Employees may need to take some time off for their mental health or other medical reasons.
- There might be a serious death in the family.
- Employees might be going through a divorce.
Voluntary leaves are typically unpaid, and employees may be asked to exhaust their paid time off before submitting a request
What Is the Family and Medical Leave Act (FMLA)?
The Family and Medical Leave Act, usually shortened to FMLA, is a federal labor law passed in 1993. Employers who have a certain number of employees are required to provide those employees with unpaid time off for serious family issues.
This act also provides employees access to health insurance coverage even if they do not continue to draw a salary while away from the company. The entire purpose of this act is to provide families with reasonable accommodations to deal with emergencies without worrying about whether their jobs will be there when they come back.
This program is governed by the US Department of Labor Wage and Hour Division (DOL-WHD). Under this act, the workplace demands are balanced with the needs of families, promoting an environment of economic security and stability. Employers may have a legitimate interest in filling an open position while an employee is away, but the employee also deserves to be protected while dealing with a legitimate family concern.
FMLA Requirements
To be eligible for FMLA leave, an employee must have worked for a covered employer:
- for at least 12 months,
- have at least 1,250 hours of service with the employer during the 12 months before their leave starts, and
- work at a location where the company employs at least 50 employees within 75 miles (as determined by the Fair Labor Standards Act).
Under this law:
- Employees can take up to 12 weeks of leave
- Employees have the right to reinstatement to an equivalent position upon return
Employees can take leave if they’ve been with a covered employer for 12 months, worked 1,250 hours in the past year, and work at a site with 50 or more employees within a 75-mile radius. Hours worked follow The Fair Labor Standards Act guidelines.
What conditions qualify for FMLA?
To qualify for FMLA leave, the employee has to work for a company that has at least 50 employees that work within a 75-mile radius of the work site. Furthermore, the employee must have worked at least 1,250 hours for the company during the past 12 months.
Eligible reasons to take FMLA include:
- A qualifying military emergency
- The birth of a new child
- Bringing in a new child who has been adopted
- Welcoming a new foster child into the home
- Providing care for an immediate family member who has gotten sick
- Military caregiver leave
- An employee who has developed a serious health condition
How Should You Ask for a Leave of Absence From Work?
If you’re interested in asking for a leave of absence from work, there are several steps to follow.
1. Always Check Your Company Policies First
Review the protections given for a mandatory leave of absence. Then, look at the types of voluntary leave that are granted, whether leaves are paid or unpaid, and how long you are allowed to be away from work. For instance, certain companies offer six weeks of paid parental leave following 12 months of continuous employment.
Your employment contract or employee handbook could also contain details you need to be aware of.
2. If You Have a Supervisor, You Should Speak to Your Boss
Make sure your boss is aware of your situation before you submit an official leave of absence request. You might need your supervisor to back up your reasoning when you approach the company to ask for leave. Try to get everything in writing.
3. Submit a Formal Request in Writing
Use a leave of absence letter to specify the type of leave you need, how much time off you will need, and indicate a specific date for your return. Always ask the company if you need to take any further steps before submitting your request.
4. Try to Give as Much Notice as Possible
Even though emergencies may come up from time to time, giving your company more notice can increase the chances of you getting your request approved.
Tips for Asking for a Leave of Absence From Work
- Ask if there is anything to do to help make the transition easier for the person picking up your duties while you are away.
- Give concrete start and end dates for your leave of absence.
- Think about whether you can continue to work at home even if you cannot come into the office.
- In addition to informing your boss and supervisor, always inform your colleagues if you are taking a leave of absence.
Always check the employee handbook for any updates to make the process as easy as possible for the company and everyone involved.
Leave of Absence Example
Below, you can see an example of a letter of leave of absence:
Reasons to Take Leave of Absence From Work
There are several reasons someone might need to be off work for an extended period of time.
Good Reasons to Take Leave of Absence From Work
Some of the best personal reasons include giving birth or adopting a new child, providing care for a family member who is seriously ill, or taking a leave of absence to serve in the military.
If you have developed a serious health condition yourself, you can also take a leave of absence from work that is protected by FMLA. If you want to take a leave of absence that is protected by FMLA, you may need to have documentation from a healthcare provider or other regulatory authority, such as your military commander (if you are taking a military leave).
Bad Reasons to Take Leave of Absence From Work
On the other hand, there are some bad reasons to take a leave of absence from work.
For example, if you simply want extra vacation time and to travel the world, that is not a good reason to request a voluntary leave of absence. Or, if you try to tell your employer that you can’t come to work for a long time because your car is going to take several weeks to get fixed. You should try to find an alternative mode of transportation.
In general, if you want to go on leave because of a bad situation you created, your employer will probably be hesitant to give you a voluntary leave.
Frequently Asked Questions
How long can you take a leave of absence from work?
If you take a mandatory leave of absence covered by FMLA, you have up to 12 weeks of unpaid leave. If you have been granted a voluntary leave of absence by your employer, it is up to your employer’s discretion. It may be longer than 12 weeks, or it might be shorter than 12 weeks.
Do employees continue to get employee benefits while on leave?
If you take a mandatory leave of absence from work, FMLA allows you to continue to carry the insurance policy you have through your employer. If you are taking a voluntary leave from work, you generally get access to your benefits, but it is up to the employer’s discretion.
Are employees paid during a leave of absence from work?
No, generally, employees are not paid during a leave of absence from work. Under FMLA, your leave is unpaid. If you are taking a voluntary leave, it will be up to the discretion of your employer, but it is generally unpaid.
Can you take a leave of absence for mental health?
Yes, you can take a leave of absence for mental health. Serious mental health crises qualify under FMLA. You will need documentation from your healthcare provider to get an absence request approved for this reason.
