The Different Types of Leave of Absence

Article

As a manager, you might find yourself fielding requests for a leave of absence from your team members. It's a situation where an employee needs to step away from work for an extended period — anywhere from a few days to several months — while still keeping their place in the company. These leaves are usually for significant life events: family matters, health issues, personal circumstances or even professional development. When team members have used up all their paid time off, a leave of absence can be a lifeline, allowing them to address these significant life moments while holding onto their jobs and crucial benefits like health insurance.

Understanding Employee Leave of Absence

Why you may want to grant a leave of absence
What are some of the different types of leave of absence?
How to smoothly manage a leave of absence in your team

Understanding the advantages of granting a leave of absence can help you make informed decisions. Here are some key reasons to consider:

It may be a legal requirement. Under federal or state law, you may be required to grant a leave of absence if certain criteria are met. The Family and Medical Leave Act (FMLA) allows some employees unpaid time off for reasons related to parental leave, illness and other circumstances. The Americans with Disabilities Act (ADA) might have additional provisions that apply. Note that though a leave of absence may be mandated by law, it’s usually up to the employer whether it’s paid or not.

It’s quickly becoming part of a competitive benefits package. Research for Robert Half’s 2024 Salary Guide revealed that the proportion of employers offering leave of absence has nearly doubled in the last five years, from 40% in 2019 to a current 74%. The number of employers providing paid parental leave has increased from 45% to 72% in the same period. Offering a robust leave of absence policy is becoming increasingly essential to attract and retain top talent.

It shows employees that you value their well-being. Anything you offer as part of a leave beyond what’s legally required shows empathy and understanding of your employee’s circumstances. Employees who feel supported and cared for at work will likely be more motivated and loyal. This, in turn, contributes to a culture that acknowledges the importance of work-life balance, preventing burnout and creating a healthier workplace.

Read more about how preventing work burnout is now a business priority to maintain employee well-being.

Leaves of absence come in various forms:

FMLA leave

Under the Family and Medical Leave Act (“FMLA”), eligible employees are entitled to up to 12 weeks of unpaid leave within a 12-month period. An employee qualifies for FMLA leave by working 1,250 hours one year prior to the leave. That’s approximately 31 weeks or nearly eight months, based on a 40-hour work week. Valid reasons for receiving a leave under this federal law include:

Childbirth, adoption or foster care

The need to care for a sick family member

Extended medical leave if the employee has a severe health condition

Military exigencies

Federal legislation applies to employers with 50 or more employees. Employers are required to hold an employee’s job until their FMLA leave ends.

ADA leave

While the Americans with Disabilities Act (“ADA”) does not provide a specific entitlement to an extended sick leave, it does require employers to offer reasonable accommodations to qualified employees with disabilities. This can include modifications to a company’s leave policies.

In practical terms, if an employee with a disability needs time off for treatment or other disability-related reasons, they can request leave as a reasonable accommodation. You must assess the request and accommodate it unless doing so would cause undue hardship to your business.

Sick leave

Sick leave is distinct from federally mandated leave programs like FMLA and ADA, which are federally required while general sick leave is not. It typically covers shorter-term illnesses or medical appointments. Some states and cities mandate paid sick leave, while in other areas, it’s at your discretion as the employer.

Parental leave

Parental leave — or as it’s often still known, maternity leave — includes leave taken by new parents after the birth, adoption or placement of a child. It’s sometimes offered as a supplement to FMLA leave, depending on state laws and employer policies, and can be paid or unpaid. Employers in some states, including California, New York, New Hampshire and New Jersey, are legally required to offer paid parental leave.

Bereavement leave

Leave taken following the death of a family member or loved one. Paid bereavement leave is not required under federal law, but companies may offer a certain number of paid days off for compassionate reasons. This policy should be clearly stated in your employee handbook.

Jury duty leave

Employers must allow employees to serve jury duty if they are called. There is no federal requirement to pay employees absent from work due to jury duty, but some states may have their own laws.

Military leave

Leave for employees who are members of the uniformed services and are called to active duty, training or other military obligations. The relevant legislation is the Uniformed Services Employment and Reemployment Rights Act (USERRA), which entitles an employee to up to five years’ cumulative military leave of absence. Some employers voluntarily choose to offer paid military leave or to pay the difference between the military and civilian salary.

Personal leave

This is leave taken for personal reasons, including education, travel or to take a sabbatical, that may not be covered under other types of leave. It's usually unpaid and granted at the employer’s discretion.

Other protected leave

Check with Benefits, HR or your legal partners to determine if other leaves may apply. Some of these leaves may be for the safety and health or employees, their family or to fulfill civic duties within the community.

Naturally, when a team member takes time off, there are bound to be some ripple effects. But with proper planning and open communication, you can keep things running smoothly. The key is to have honest conversations with both the employee taking leave and their colleagues about how to handle the workload.

Remember, you don't want to overwhelm the rest of your team — that's a recipe for stress and potential burnout. Instead, why not consider bringing in some temporary help? Talent solutions firms like Robert Half have a wealth of skilled contract professionals ready to step in and keep projects on track. By tackling these challenges head-on and being flexible with your staffing, you can turn a team member's absence into a chance for your team to adapt and even grow.

Making Work-Life Balance a Part of Employee Retention

How to Create a Thoughtful Bereavement Leave Policy

Preventing Work Burnout Is Now a Business Priority