Leave of Absence

An extended period away from work — distinct from regular PTO — that may be paid or unpaid, protected or unprotected, and granted for personal, medical, or family reasons.

A leave of absence (LOA) is a period of time away from work that extends beyond standard paid time off — typically weeks or months — for a significant personal, medical, or family reason. Leaves of absence fall into two broad categories: legally protected leaves, where federal or state law requires the employer to hold the employee's job; and discretionary leaves, where the employer may (but isn't legally required to) approve extended time off. The most important legally protected leaves are FMLA (federal, for medical and family reasons), ADA accommodations (which may include extended leave), military leave (USERRA), pregnancy disability leave (state laws in California and others), and paid family leave (state laws in California, New York, Washington, and others).

Personal leaves of absence — for reasons that don't qualify under any legal protection, like a sabbatical, travel, or a personal project — are entirely at the employer's discretion. Many employers offer personal LOA as a benefit, particularly for long-tenured employees, but there's no legal obligation to do so. The terms vary widely: some employers allow personal leaves of 3–6 months with a job guarantee; others offer only unpaid leave with 'best efforts' to return the employee to a comparable role; some require employees to exhaust all PTO before beginning an unpaid leave. The relevant document is your employer's leave of absence policy in the employee handbook.

The administrative dimension of a leave of absence requires attention. Health insurance coverage during leave must be addressed: during FMLA leave, employers must maintain health benefits on the same terms as if the employee were working. During discretionary unpaid leave, employees typically need to pay the full premium through COBRA-like arrangements or lose coverage. Return-to-work timelines, communication protocols with HR, and the impact on benefits accrual (does PTO continue to accrue during leave?) are all details to clarify in writing before the leave begins. Employees who return from approved leave to find their position eliminated have legal claims in many circumstances, particularly if the leave was legally protected.

Types of Leave of Absence

  • FMLA leave: federally protected, up to 12 weeks unpaid per year for qualifying medical and family reasons. Employer must hold your job. Applies to employers with 50+ employees within 75 miles.
  • Medical leave (non-FMLA): for conditions that don't qualify for FMLA or exceed FMLA entitlement. May be protected under ADA if the condition is a disability and leave is a reasonable accommodation.
  • Military leave (USERRA): federal law protects job rights of employees called to active military duty. Reemployment rights guaranteed after service up to 5 years.
  • Personal leave: discretionary — employer decides whether to grant and on what terms. May be paid or unpaid. No legal job guarantee unless employer policy explicitly promises it.
  • Parental leave beyond FMLA: many employers offer paid parental leave beyond the 12 unpaid weeks FMLA provides. State paid family leave programs also add to this.
  • Sabbatical: typically offered after a tenure milestone (e.g., 5 or 7 years). May be paid or partially paid. Common in academia and some tech companies.
  • Bereavement extensions: standard bereavement policies (3–5 days) may not be enough for complex grief situations. A personal LOA may cover extended bereavement needs.

How to Request a Leave of Absence

Requesting a leave of absence starts with understanding which type of leave you're seeking and whether it's legally protected. For FMLA, start with HR — they're required to notify you of your eligibility within 5 business days of learning the reason for leave may qualify. For non-FMLA medical leave, provide documentation from your healthcare provider. For a personal LOA, the conversation typically begins with your manager, then moves to HR for formal approval. Always get the approval in writing, including the agreed-upon return date, the status of your benefits during leave, and any conditions attached to the leave (such as a requirement to use accrued PTO before unpaid leave begins). For personal leaves, the earlier you ask, the more likely approval is — requests made months in advance allow for planning; last-minute requests are harder for employers to accommodate.

Example

A software engineer has been dealing with a parent's serious illness and has exhausted her 12 weeks of FMLA. She requests a 6-week personal leave of absence. Her employer's policy allows personal leaves for employees with 3+ years of tenure (she has 5 years) and requires exhausting PTO first. She has 10 days of PTO remaining, which covers 2 weeks, followed by 4 weeks of unpaid leave. HR confirms in writing that her position will be held and her health insurance will continue at the same rates during the FMLA continuation period (now under the personal leave, she must pay the full premium). She returns at the agreed date and is reinstated in her role.