Leave of absence: Overview, definition, and example
What is a leave of absence?
A leave of absence is a period during which an employee is permitted to take time off from work, either with or without pay, while retaining their employment status. Leaves of absence may be mandated by law, such as medical or parental leave, or granted at the employer’s discretion for personal reasons. Common examples include medical leave, military leave, bereavement leave, and sabbaticals.
For example, an employee may request a leave of absence to recover from surgery, during which they are protected under applicable laws like the Family and Medical Leave Act (FMLA) in the United States.
Why is a leave of absence important?
A leave of absence is important because it provides employees with the flexibility to address personal or medical needs without jeopardizing their job security. For employers, offering leaves of absence demonstrates a commitment to employee well-being, helps with compliance with labor laws, and fosters a supportive workplace culture.
Properly managed leaves of absence benefit both employees and employers by ensuring continuity, legal compliance, and a positive employee experience.
Understanding leave of absence through an example
Imagine an employee requires a three-month leave of absence to care for a family member with a serious medical condition. Under FMLA, the employee is entitled to unpaid leave with job protection during this period. The employer holds their position and benefits, allowing them to return to work after the leave ends.
In another example, a company offers discretionary unpaid leave for employees pursuing further education. An employee applies for a six-month leave to complete a professional certification program, and the company grants the request with the condition that the employee resumes work after the program is completed.
An example of a leave of absence clause
Here’s how a leave of absence clause might look in an employee handbook:
“Employees may request a leave of absence for medical, personal, or other reasons by submitting a written request to Human Resources. Leaves of absence may be granted at the Company’s discretion, except where mandated by applicable law. During an approved leave, the Employee’s position and benefits will be maintained in accordance with Company policy and legal requirements.”
Conclusion
A leave of absence provides employees with the opportunity to address personal, medical, or professional needs while maintaining their employment status. It supports work-life balance, ensures legal compliance, and fosters a positive workplace environment.
By implementing clear leave of absence policies and adhering to legal requirements, businesses can protect their workforce and maintain a culture of trust and support.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.