Common Questions about Leaves of Absence

Do you have a sick family member, just had a baby, have a medical condition or need to fulfill military service? If so, you may be looking to take some time off from work. A Leave of absence is approved time off work from the management or leadership of our business. It can be granted for many reasons including: active duty call-ups for reserve military personnel, or to attend to the health needs of the employee or of a family member of the employee.

Depending upon the type of business you are in, you may be able to informally request time off or you may need to use the FMLA Family Medical Leave Act to have your request approved. Requests for unpaid personal leave are normally made in writing to the employee’s department manager with a copy to the Director, Human Resources, and should indicate the reason and the length of leave requested. If the workplace is more casual, a verbal request may suffice.

Here are some common questions about Leave of Absence that you will want to discuss with your employer.

• • Will I get paid while I am on a leave of absence?  Leaves of absence are without compensation with the exception of Long-Term Disability Leave.
  • What if I have to care for a seriously ill family member?  Employees can request a Family Care Leave to care for a seriously ill family member.
  • I have been ill and have exhausted all of my sick time or PTO time and my extended sick time. What do I do now?  Employees can request a Medical Leave of Absence if paid-time has been exhausted and the employee is still medically unable to work.
  • What laws are there about Leaves of Absence? Federal and/or state laws govern a mandatory leave of absence. These leaves include medical absences governed by the Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA), military leave, jury duty and other state-mandated leaves. Whether the laws surrounding these leaves of absence apply to you is often based on the number of employees working for your company and where an employee is working. Your business must grant job-protected leave to eligible employees in these situations.
  • How does an employee qualify for FMLA? An employee qualifies for FMLA leave by working 1250 hours.Here are some reasons an employee might take FMLA leave: Childbirth, adoption and foster care, serious health condition, caring for a family member with a serious health condition, or certain military reasons (including care of a service member).

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