What is a leave of absence? Types, policies, and employer responsibilities

Types of leave of absence: mandatory vs. voluntary explained

What is a leave of absence? There are two key types: mandatory and voluntary leaves.

Mandatory leave

A mandatory leave of absence under the Family and Medical Leave Act (FMLA) can be taken for various reasons. These include the birth or adoption of a child, a medical leave of absence, military service, jury duty, or leave mandated by an employer.

Voluntary leave

Conversely, voluntary leave includes vacation time, sick leave, bereavement leave, and personal time off (PTO). Leaves of absence can be both paid and unpaid. You should work to balance leaves of absence to prevent your absenteeism rate from rising too high, as this can impact business operations.

Now that we understand the different forms of leave, let’s familiarize ourselves with the rules employers should know about.

Understanding the legal framework and compliance requirements

Many types of leaves of absence fall under legal rules that your business must understand and adhere to. These include:

• The Family and Medical Leave Act offers designated employees up to 12 weeks of unpaid annual leave. It is a job-protected leave. FMLA can be used for pregnancy-related leave, when adopting a child, to care for a family member, or medical leave due to a serious health condition
• The Americans with Disabilities Act (ADA) was designed to protect people with disabilities from discrimination. In the workplace, ADA leave is provided as a reasonable accommodation for employees with disabilities
• State and local leave laws vary by location. For example, California offers paid leave for bone marrow and organ donation, while Minnesota provides unpaid leave for school activities. It is essential to stay informed about the laws governing leaves of absence in your state

If you also do business overseas, you will need to familiarize yourself with international leave policies, which may differ from those in the US.

Next, let’s touch on team members who qualify for leave when the need arises.

Who qualifies? Eligibility and duration of common leave types

Who will qualify for a leave of absence in your organization? That depends on the type of leave and the employee’s circumstances.

Here are some examples:

• FMLA: Employees must have worked for your business for at least 12 months, at least 1,250 hours over the past 12 months, and at a location where you employ 50 or more employees within 75 miles
• Jury duty: Every employee called to jury duty must receive a paid or unpaid leave of absence from work
• Bereavement leave: Some states mandate bereavement leave following the death of a spouse, parent, or child. Others have the discretion to offer it if they choose. It is generally reserved for full-time employees
• Military leave: PTO for members of the National Guard or Armed Forces reservists, military leave is paid leave required by federal law

Many states also mandate time off for voting on election days. Your organization may also establish specific rules regarding volunteer leave, vacation time, and sabbaticals within your leave of absence policy.

How to develop a clear and compliant leave of absence policy

Your business can develop a clear and compliant leave of absence policy that includes:

• Descriptions of who is eligible for leave and the conditions, such as work history
• The process of applying for leave or notifying managers of upcoming leave
• Rules on benefits continuation and returning to work

It is also important to understand how the conditions for a leave of absence work with your organization’s PTO policies. Your HR team should outline and publish a clear and fair policy that outlines processes and expectations for all employees.

Tips for communicating leave policies to your employees

Creating a clear leave of absence policy is the first step, but it won’t be worthwhile unless you also broadly communicate it.

Make sure you are transparent about the requirements and application process and provide accessible and understandable  documentation. For instance, it makes a lot of sense to add the details to your employee handbook. In addition, regular HR training can help people and culture teams stay up to speed on the policy and ensure that managers know how to fairly respond to leave requests.

Balancing legal compliance with day-to-day operational needs

Your business will need to maintain workflow while accommodating employee rights, including temporary staffing or adjusted workloads. These tips can help you balance legal compliance with day-to-day operational needs:

• Stay up to date on employment law: From the FMLA to the ADA, your business should stay informed about all relevant laws that impact your business and team members
• Focus on operational needs: You will need to balance staffing with leave requirements to support business continuity. This can entail cross-training employees so they can cover multiple roles as needed
• Train and document: All managers should receive training in handling requests, and records should be maintained to demonstrate compliance

You can also regularly review, and update policies as needed.

Supporting employee well-being during and after extended leave

Employees take a leave of absence for many reasons. That’s why supporting team members’ well-being — both during and after extended leave — matters so much.

This include:

• Reintegration strategies: If an employee has taken a leave of absence due to burnout, mental health challenges, a family loss, or other serious issues, your business should offer support upon their return. This can include health and wellness resources, as well as regular check-ins to make sure they are doing well
• Return-to-work planning: Whether employees are absent from work for two weeks or six months, your business should engage in return-to-work planning to support a smooth transition
• Employee assistance programs (EAPs): These programs offer free, confidential assistance to employees both during and after an extended leave. They can also refer team members to other professionals as needed

Happy employees are often productive, long-term employees, so it pays to offer your support as they return to work.

How to handle leave disputes and foster an inclusive workplace culture

Disputes regarding leaves of absence are inevitable. How you handle them can make all the difference.

Here are some tips:

• Refer to your leave of absence policy: Your policy should clearly outline who is eligible and how disputes are resolved when multiple requests are simultaneously submitted
• Communicate, communicate, communicate: A leave of absence and the rules around it should never be a surprise. Make sure team members understand the requirements and offer regular communication on options
• Foster a supportive, legally sound workplace culture: When you have a company culture that is supportive and compliant, you set the stage for successful leaves of absence and returns to work

Your HR team should also be skilled in addressing any issues that crop up.