Leave of absence: A guide for employees and employers

It’s our role not only to look after our employees while they’re at work, but also to support them through moments in their life where they need to step away. A leave of absence is often unexpected, which means it’s best to be prepared and have steps in place to make decisions quickly and offer the right assistance. 

What is a leave of absence?

A leave of absence is when an employee takes some time away from the workplace, often for unexpected or personal reasons. These special circumstances can include activities like jury service or continued education, or family-related reasons like adoption, childbirth, or caring for a family member. 

People often take a leave of absence if there’s no other option. Maybe they’ve exhausted their PTO or vacation day entitlement, or you don’t have a specific leave policy that applies to their situation. Unlike paid time off, most other types of leave are unpaid. There are a few exceptions to this, which we’ll cover below. 

Mandatory vs. voluntary leave

Some types of leave are considered mandatory, while others are voluntary. Mandatory leave is legally protected, but when it comes to voluntary leave you can set your own policies.

Let’s take a look at these two types of leaves of absence more closely.

Mandatory leave

Where leave is protected through federal or state law, it’s considered mandatory. Your organization must meet these requirements and accept requests for these reasons, if they meet the criteria. 

Let’s explore the most frequently requested types of mandatory leave. 

FMLA leave of absence

The Family and Medical Leave Act (FMLA) provides employees with a mandatory right to access leave for specific reasons. Eligible employees can access up to 12 weeks of unpaid leave per year, with job protection, for the following reasons:

• The birth and care of an employee’s newborn child
• The adoption or foster care placement of a new child with the employee
• To care for an immediate family member with a serious health condition 
• To take medical leave if working is not possible due to a serious health condition 

Not every employee is immediately eligible for FMLA leave. An employee must have worked for the company for at least 12 months, for at least 1,250 hours over that time period, and at a location where 50+ people are employed within a 75 mile radius.

The FMLA also doesn’t apply to all organizations — only public agencies, schools, and organizations with more than 50 employees. For fresh startups and small businesses, you might find yourself outside the criteria. 

Even if the FMLA doesn’t apply to your company, it’s worth considering if you can mirror these leave protections in your own policy. Not only would it offer your employees easier access to leave when they need it, but policies and wellbeing benefits are one of the first areas people check when looking for roles to apply to.

ADA leave of absence

The Americans with Disabilities Act (ADA) requires employers to “make exceptions to their policies”, including leave policies, to provide reasonable accommodations — unless it would cause undue hardship. This gives your employees with a long-term disability or medical condition the opportunity to access additional leave as required. 

There’s no set standard for what reasonable accommodation or accessibility means to an individual, or how long this leave might last. The idea is to allow employees to take time off when they need it, to rest, recover, or access support that allows them to then return to the workplace — without affecting their sick days. 

Your employee might need a day or two to rest after an intense week, or a longer period of leave to support recovery over several months. Work with your employee and experts to understand the situation, then come up with a plan that supports them and fulfills your requirements under the ADA.

Military leave

Military families can access protected leave through the FMLA for military caregiver leave or military qualifying exigency. This allows them the much-needed time to adapt when a family member deploys, or to care for a service member or veteran if they become seriously ill or injured. 

Alongside the FMLA protections, the Uniformed Services Employment and Reemployment Rights Act (USERRA) also applies. This legislation mandates that employers must offer an unpaid leave of absence for qualifying military service, with no impact on their health insurance cover. 

Voting

Voting is a constitutional right, but paid leave to vote isn’t covered under a federal law. Instead, state law governs whether employees receive time off to vote, and whether it’s paid or unpaid. 

Legislation varies wildly from state to state, so make sure everyone on the team understands which laws apply to your employees. State laws in California give employees the right to take up to two hours paid time off to vote, while in Maine there’s no such law. 

If state law applies, it’s mandatory. If it doesn’t, you can always introduce a voluntary leave policy for voting that honors your culture and values. Giving employees time off to vote is a simple gesture, but one that can help them balance their routines more effectively when voting time rolls around. 

Jury service

Like voting, there’s no federal law that states employers must give unpaid or paid leave to employees serving on a jury. It’s up to individual states to set legislation that governs this. 

In many states the labor code prohibits employees from firing or harassment for jury duty. If you can, go a step beyond this and have a specific jury service policy that outlines your approach to leave, pay, and benefits while serving. While jury service can be unpredictable, it’s a great comfort to employees to know that their job is safe while they support public service. 

Voluntary leave 

Unlike mandatory leave, voluntary leave isn’t governed by federal or state law. You’re free to set your own policies around voluntary leave. A flexible, people-focused voluntary leave policy can help you attract and retain talented people, so it’s worth investing in. 

Voluntary leave can be paid, but it’s often unpaid leave. Most employees will choose to use paid vacation days or PTO before voluntary leave if they can to reduce the financial impact, but having the option there is useful if someone needs it. 

Reasons employees may take voluntary leave

Everyone’s life is different, which means you might encounter lots of different requests for a voluntary leave of absence. As people navigate family life, cross-country moves, or learning new skills, the desire to take time off comes with it.

Let’s take a look at some of the reasons why someone might request voluntary leave:

• Bereavement — to deal with the death of someone close, make funeral arrangements, or adjust to a change in circumstances
• Caregiving — to care for a loved one or family member, whatever their age or relation
• Divorce or family upheaval — to deal with challenging circumstances, or adjust to a different routine
• Extended leave following paid parental leave — to extend parental, paternity, or maternity leave before returning to work
• Family events and milestones — to watch sports day, attend an anniversary celebration, or watch a graduation (ideal for a parent-friendly workplace)
• Further education — to study, learn a new skill, or return to college
• Military service — to serve in the military, if such service isn’t already covered by federal law
• Moving house — to pack, move, and unpack without stress 
• One-off events and conferences — to learn, indulge in a hobby or interest, or meet new people
• Sabbatical — to explore the world around them, be with family and friends, or take a break from work
• Settling a new pet — to welcome a new pet to the family home, so they can settle in comfortably
• Viewing a house or school — to tour a potential new home or school

All these examples are considered voluntary leave as they’re not legally protected by a federal or state law. You’re not required to offer time off to someone that’s moving house or navigating a challenging divorce, but it’s a wonderful way to demonstrate your support and commitment to your employees. 

For employers: Your leave of absence policy 

With so many different reasons why someone might request leave, it’s smart to have a leave of absence policy in your employee handbook. That way you can make sure you apply your guidelines consistently and save time when someone makes a request. 

Here’s a quickstart guide on how to create a voluntary leave policy. 

Decide which voluntary leave requests you’ll accommodate

Someone can request a voluntary leave of absence for almost any reason — it’s up to you to decide what your policy is on requests, types of leave, and how they’re handled. You might decide to have specific policies for moments like bereavement or sabbaticals — like NVIDIA does — or a more general policy that covers everything. 

If you can, it’s best to have some flexibility in your employee leave of absence policy. We all have our quirks and things that we value. The opportunity to take extra unpaid time off to settle a new four-legged friend, or tour the perfect daycare center for their child, could mean the world to someone. 

You might decide to make a distinction between what should be taken as voluntary leave vs. vacation. For example, voluntary leave could be for last-minute emergencies or study leave, while vacation leave is better used for traveling to a Comic-Con or a friend’s destination wedding. 

Making this distinction then creates clearer guidance over your approach to voluntary leave. If you want to write a generous vacation policy and keep your voluntary leave policy very specific, take inspiration from GitLab’s time off policy, where they have a very open and generous approach to vacation time. Employees are encouraged to take time off to recharge, take care of a loved one, and observe local holidays. 

Set criteria for who qualifies for a leave of absence

Even with mandatory leave, not everyone qualifies. Often you need to be employed for a minimum period of time, work a minimum number of hours over a 12-month period, or meet other criteria. This isn’t a must-have though — you could decide to offer your employees the opportunity to take voluntary leave of absence right from the start. 

It’s up to you to decide what the eligibility criteria are — however it must be fair and equitable. You’ll also need to apply your policy fairly to all eligible employees, which is why having a documented policy and a set of ready-to-go communications is so helpful. 

Even with a generous policy, you still need to balance the needs of your business. With absenteeism estimated to cost $2,660 per year per salaried employee, voluntary time off impacts your bottom line. Consider this alongside your other goals to create a policy that works for all. 

Decide how long a leave of absence can be

When your employees are planning to take a leave of absence, they need to know exactly how long they’re entitled to ask for. Make this clear in your policy so there’s no confusion over what the entitlement is and how it should be applied. 

You could even set different time periods for different types of leave. You might decide to offer a few days of short-term leave for a new home move and transition, or an extended period of time for a bereavement. 

Even mandatory leave granted under the FMLA or ADA isn’t expected to be indefinite. If you run into a situation where someone keeps trying to extend their leave of absence, and it’s becoming unworkable, you might decide to terminate their employment. In most states and cases, you can fire employees “at will” — but in challenging circumstances it’s best to seek expert legal advice. 

Set clear compensation rules and benefits eligibility

In most cases, voluntary leave is an unpaid leave of absence. This means that while the employee is away, they’re not entitled to their usual pay. Even with unpaid leave, their employee benefits and entitlements can continue — this includes dental care, pension contributions, and stock option vesting. 

Many types of mandatory leave include a protection of employee benefits and health care coverage while they’re away, providing all the usual contributions are made. You may decide to offer similar coverage, no coverage at all, or make it contingent on the length or frequency of leave. Come up with a policy that balances your needs and theirs, and apply it fairly. 

Support employees on their return from a leave of absence

The transition between time away from work and returning can be hard to navigate — for both you and your employee. They’re adjusting to a change, and you’re eager to welcome them back. Make sure you offer the right support so they can transition back to work in comfort.

Extra support might be required if your employee has been away from work for an extended period of time. Think of this as an opportunity to onboard them again — reintroduce them to your culture, ask about their needs, and support them back to work in a way that’s personalized to their situation.

Knowing what to say and how to support someone on their return isn’t always easy. That’s why we’ve made our library of Pyns public and free, so you can discover better ways to communicate your way through the moments that matter. Use our Pyns to build an internal playbook of helpful, relevant messages that your managers can send at just the right time.

For employees: How to request a leave of absence 

An urgent situation has come up or you’re planning a life change, and you need some time off work. Your vacation days and personal leave are all used up — so a voluntary leave of absence is your next stop. 

Here’s how to make a leave of absence request to your manager. 

Understand your company’s leave of absence policy

Before you make a request, first check to see what your company policy says about voluntary leave. This is the best way to get a foundation of understanding when it comes to your entitlement, options, and how to move forward. 

Your company policy should outline who is entitled to a leave of absence, what types of absence are covered, and what your pay and benefits look like while you’re away. You might discover that there’s a separate policy that covers your needs better (like an extended sick leave policy or support for caregivers policy), or that you’re actually entitled to mandatory leave instead. 

At this stage, you might discover that your company doesn’t have a voluntary leave of absence policy. That’s common — recent research suggests only 34% of companies in the US offer a leave of absence or sabbatical benefit. If your company doesn’t have a policy, talk to your manager — make your request anyway, and encourage them to consider it.

Put your request in writing

Once you’ve decided that you want to make a request, put it in writing. This helps you in two ways — you can make sure you cover all the details and you have a paper trail for future reference.

When you make your request, be clear about what you’re asking for and what that involves. This will help you get the right support and avoid any confusion over dates. 

Here’s what to include: 

• How long you’ll be away
• The dates of your voluntary leave
• The reason for requesting leave
• Any support you might need on your return

Here’s what this might look like:

You don’t have to go into detail about the reason for your leave, but offering a general reason can help your manager plan and support you in the best way. Your reason can be as simple as “personal reasons” or “to support a loved one”. 

Even in a really casual, relaxed workplace, it’s best to put these key moments in writing. That doesn’t have to mean by letter or even a formal email, but it should be somewhere that’s easily accessible in the future if you want to challenge or discuss anything. 

Discuss your request with your manager

After you’ve made your request, it’s best to schedule a call or meeting with your manager to talk things over. This is the perfect opportunity to highlight any support needs you might have, or to figure out how best to handle your work while you’re away. 

Set a time and date to talk to your manager in an environment that feels comfortable. Set a simple agenda for the meeting, or follow the process mentioned in your company policy. Outline your request again, and offer any extra details if you want to. Collaborate on any tasks or actions that arise from the request, and ask for written confirmation that your leave of absence has been noted and confirmed. 

Further reading: Our best Pyns for navigating a leave of absence

To help you stay in touch with your team members before and after their leave of absence, we’ve created a library of Pyns. These are expertly designed templates designed to give you a simple, effective way to communicate with your employees. Think of them as your playbook to create a smooth transition between work and time away.