Leave of Absence 101

• Most types of leaves of absence (LOA) will not pay while you're out.
• Legally mandated leaves of absence offer job protection if approved.
• However, job protection does not mean you'll get the exact same job back.
• Understanding company policies on leave and federal law are critical.

Things can happen that require you to stop working for an extended period. And in these cases, it's essential that you understand your rights.

The different kinds of leaves of absence include legally mandated leave and voluntary leave.

According to the Bureau of Labor Statistics, paid sick leave was available to 79% of civilian workers as of March 2021. In that same period, paid family leave was only available to 40% of the highest pay bracket of workers and 7% of the lowest bracket.

Some leaves of absence are paid, while others are not. Knowing how leaves of absence work — and whether you'll get paid during it — can help you decide how to move forward.

What Is a Leave of Absence (LOA)?

A leave of absence is an extended amount of time off from work or school. Depending on the type of leave of absence you take, you may not continue to receive a paycheck. You may also lose your employee benefits.

Leave can be paid or unpaid and mandated or voluntary.

Often, you'll use your remaining paid days off at the beginning of your leave. The rest of the days could wind up being unpaid (but still give you job protection).

The two main types of leaves of absence are:

• Legally mandated leave
• Voluntary leave

What Is Legally Mandated Leave?

Legally mandated leave is an employer-approved leave of absence that comes with job protection. Here are the four types of legally mandated leave.

Family and Medical Leave Act (FMLA)

The FMLA includes common types of medical leave and comes with job protection; however, not all employees are eligible.

If you qualify, your employer must offer you a job on your return by 12 weeks. It doesn't need to be the same role but should be equivalent.

You can take this type of paid leave following the birth or adoption of a child, to care for a family member with a serious health condition, or if you yourself have a serious health condition that prevents you from carrying out essential functions of your job.

Americans With Disabilities Act (ADA)

If you become ill, disabled, or injured on the job, you may qualify for leave under either the FMLA or ADA. The ADA requires employers to provide accommodations for injured workers, but does not specify leave.

Uniformed Services Employment and Reemployment Rights Act (USERRA)

Employers must provide an unpaid leave of absence and allow you to retain your medical insurance if you are on active duty in the U.S. military.

Jury Duty

Employers must grant unpaid leave for those on jury duty in federal court and in most states.

What Is Voluntary Leave?

Some types of leave are not covered under FMLA, such as extended vacations and bereavement leave.

Voluntary leave is not required by law. It is not intended to be used just because you dislike your job or need time off between positions. Some employers may offer voluntary leave as a perk for employees.

Employers are not required to approve this type of leave, so be sure to verify the circumstances surrounding your request.

These leaves of absence are typically unpaid unless the employer explicitly includes them as a perk. Employers are not required to offer you job protection during a voluntary leave or grant you personal leave for special circumstances, though they may decide to do so.

Who Qualifies for a Leave of Absence?

If requesting FMLA, certain conditions need to be met, both by the employee and the employer.

Employers with fewer than 50 employees do not need to follow the FMLA. If a company has 50 employees for at least 20 weeks either in the current year or the year before, then it must abide by the FMLA.

For employees, you need to have worked at the company for at least one year and put in more than 1,250 hours to qualify for FMLA. Eligible employees can get up to 12 weeks of unpaid leave and up to 26 weeks of leave to care for a service member.

How Does a Leave of Absence Work?

When requesting a leave of absence, try to give your employer as much notice as possible — ideally, at least 30 days. The company will likely need time to plan around your absence and figure out how to cover your workload while you're gone.

Ask politely for unpaid leave and give a clear explanation as to why and when you intend to return to work.

If your supervisor requests medical certification, you'll usually have 15 days to get one from your healthcare provider. If you don't provide this documentation to your employer, your request for leave may be denied.

When you're away, you may want to keep in contact with your manager so they know how your recovery is going (if you are taking a leave of absence for a health condition). They may ask you to complete a Fitness for Duty Certification to verify that you can return to work. Some employers may require you to use all of your paid time off before you can take unpaid leave.

How to Ask for a Leave of Absence

Before you ask for a leave of absence, make sure you're familiar with your company's policies and federal law.

It's best to set up a meeting with your supervisor as soon as you can and to prepare to collaborate on how you can make your time away easier for everyone involved.

Here is a sample email template you can use to send your supervisor:

Once you complete your face-to-face meeting with your boss, follow up with another email:

Bottom Line: Requesting a Leave of Absence

Asking for a leave of absence can be intimidating, but these leaves are often necessary when things happen outside your control. That's why federal laws are in place for leave and job protection.

Understanding the law, knowing your company's policies, and communicating with as much notice as possible will strengthen your case for your leave.

Be sure to follow all procedures closely so you have an easy time with the process.