What Is a Leave of Absence? An Employer’s Guide

Leave requests rarely come at a convenient time. An employee may need time away for surgery, a new child, military service, caregiving, jury duty, bereavement, or another personal matter. The business still has to cover the work, track benefits, follow applicable leave laws, and apply its policy consistently.

The stakes are real on both sides. For the fourth consecutive year, leave benefits ranked among the most important employer-sponsored benefits, with 82% of employers rating them “extremely important” or “very important,” according to SHRM’s 2026 Employee Benefits Survey. A well-managed leave of absence can support retention and employee trust. A poorly managed one can create compliance risk under laws such as the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), the Uniformed Services Employment and Reemployment Rights Act (USERRA), and state paid family and medical leave programs.

Learn more about the types of leave, what to consider when employees request time away, and how to minimize the impact on your business.

What Is a Leave of Absence?

A leave of absence is authorized time away from work and is generally requested by an employee for special circumstances. In certain instances, employees may be entitled to leave under federal, state, and/or local law. Reasons for leave may include, but are not limited to:

• Childbirth or adoption
• Military leave
• The employee’s own serious medical condition
• Caring for an ill family member
• Jury duty

An employee leave of absence is distinct from existing benefits such as paid time off (PTO), which is an allotted amount of paid time that may be used for vacation, sick days, or personal time. A leave of absence, on the other hand, gives an employee time away from work for an extended period due to certain circumstances.

Some employers may also supplement their legal obligations by offering additional leave benefits to support recruiting and worker engagement.

For employers, a leave of absence also means a process: HR may need to review eligibility, confirm whether job protection applies, coordinate benefits, document approvals or denials, and plan for the employee’s return to work.

Types of Leaves of Absence

Employees may be entitled to a leave of absence under federal, state, and/or local law, or an employer may offer leave voluntarily. Depending on the type of leave, the time away from work may be paid or unpaid.

Protected Leave

The primary federal laws that impact leaves of absence and help protect employees’ jobs while they are on leave include:

• The Family and Medical Leave Act (FMLA)
• The Uniformed Services Employment and Reemployment Rights Act (USERRA)

The FMLA provides up to 12 weeks of unpaid time off, job protection, and continuation of group health coverage within a 12-month period for an employee to:

• Care for a newborn, adopted, or foster child
• Care for a family member with a serious health condition
• Attend to the employee’s own serious health condition
• Take military family leave

To qualify for FMLA leave, an employee generally must work for a covered employer, have worked for the employer for at least 12 months, have worked at least 1,250 hours during the 12 months before leave starts, and work at a location where the employer has at least 50 employees within 75 miles. “With the increase of remote workers, the determination of work location for the purposes of FMLA can be more complex,” says Erin Baber-Sherwood, SPHR, HR Response Partner at Paychex. “Factors such as to whom the remote worker reports or from where they receive direction will impact how to calculate the 50 employees within 75 miles.”

Paid leave provided by the employer can run concurrently with unpaid FMLA leave. Jurisdictions with paid leave programs generally allow eligible workers to take leave and receive partial wage replacement equal to a set percentage of their pay.

The FMLA includes specific military family leave entitlements. For example, an eligible employee may be entitled to 26 workweeks of military caregiver leave during a single 12-month period to care for a covered servicemember with a serious injury or illness. Some state and local governments also have additional regulations surrounding military-related leave.

Under USERRA, employers are legally required to provide an unpaid leave of absence during an employee’s military service. USERRA also helps ensure that eligible employees can maintain health insurance coverage during this time.

Additional instances where employers may be required to provide employees with time away from work include:

• Jury Duty: Jury duty leave requirements vary by federal, state, and local law. Employers generally must provide unpaid leave to employees serving as jurors in federal courts, and some state laws require paid time for jury service. Review state and local requirements before denying leave, requiring PTO, or disciplining an employee for jury service.
• Disability Accommodation: The ADA prohibits covered employers from discriminating against qualified individuals with disabilities and requires reasonable accommodations when appropriate. Depending on the job, the disability, and the circumstances, a reasonable accommodation may include modifying existing leave policies or providing leave for a disability. "When contemplating how disability accommodation impacts your organization, you will want to consider whether there is a state or local law that applies to employers who wouldn't otherwise be subject to the ADA," according to Baber-Sherwood.
• State and Local Leave Laws: State and local laws may also require paid sick leave, paid family leave, pregnancy-related leave, domestic violence leave, school activities leave, bereavement leave, voting leave, or other protected absences.

State Paid Family and Medical Leave (PFML) Programs

State PFML programs add another layer for employers, especially those with employees in multiple states. These programs may provide wage replacement, job protection, or both, and they may coordinate with FMLA, employer-paid leave, short-term disability, or PTO. Some state PFML programs also include non-interference or non-retaliation clauses that offer additional protections about which employers need to be aware. “The landscape for paid state programs is rapidly changing, we are seeing an increase in how many states offer paid family and medical leave programs,” reports Baber-Sherwood.

Examples include:

• California: California’s Paid Family Leave provides up to eight weeks of partial wage replacement for eligible workers who take leave to care for a seriously ill family member, bond with a new child, or participate in a qualifying military event, and it does not itself provide job protection.
• New York: New York’s Paid Family Leave provides up to 12 weeks of job-protected paid leave. Eligible employees receive a percentage of their average weekly wage, subject to a state cap.
• Massachusetts: Massachusetts’ Paid Family and Medical Leave provides up to 26 weeks of combined family and medical leave per benefit year, with different limits depending on the type of leave.
• Colorado: Colorado’s Family and Medical Leave Insurance Program (FAMLI) provides up to 12 weeks of paid leave for qualifying reasons, with additional leave available for certain pregnancy, childbirth, or neonatal care circumstances.
• Washington: Washington’s Paid Family and Medical Leave generally provides up to 12 weeks of family or medical leave, with longer periods available for certain combined or pregnancy-related reasons.

State PFML rules change, and the details matter. Review the official state program guidance for every state where you have employees and confirm how state leave interacts with FMLA, PTO, disability benefits, and company-paid leave.

Voluntary Leave

A voluntary leave of absence may be classified as an employee benefit or courtesy provided at the employer's discretion. It is in your best interest to keep company policies and employee handbooks clearly defined, legally reviewed, and up to date with voluntary leave guidelines, including who does and does not qualify. "As with any company policy, consistent application of voluntary leave policies is critical," per Erin Baber-Sherwood.

Employers typically offer voluntary leave for personal or medical reasons to employees who have exhausted available time off, such as sick leave and PTO, or who do not otherwise qualify for protected leave. You may require employees to give reasonable notice when requesting voluntary leave, and you may deny requests that do not follow your policy.

Examples of voluntary leave an employer may consider providing, unless already required by law, include:

• Paid parental leave
• Sick leave
• Sabbatical leave
• Bereavement leave
• Extended time away from work for educational purposes

Voluntary leave can also support recruiting and retention. Employees often remember how an employer handles major life moments. A well-designed leave policy gives managers a consistent framework and gives employees a clearer path when life gets complicated.

How Employers Should Manage a Leave of Absence

Documenting and clearly communicating the steps for taking a leave of absence before anyone requests time away can help you and your employees stay on the same page. A written policy may cover:

• Eligibility requirements for taking a leave of absence, including whether part-time employees may take leave
• Circumstances under which employees may be granted time away
• The process for requesting leave
• The amount of advance notice an employee should provide, unless unforeseeable circumstances apply
• Any documentation the employee must provide when taking leave, such as a note from a health professional for medical leave
• How employee benefits will be handled during the leave of absence

Review any applicable laws before asking for documentation. Medical certification, military leave notice, state PFML applications, disability accommodation records, and other documents may carry different rules. Job-protected leave also requires verifying that the employee meets the eligibility criteria in the applicable law, while eligibility for voluntary leave is governed by your written policy.

Train your managers to recognize possible leave requests. Employees do not always use legal terms. A statement like "I need time for surgery," "My parent's condition is getting worse," or "I may need every Friday for treatment" may trigger follow-up obligations. Managers do not need to diagnose the law on the spot, but they should know when to involve HR.

Intermittent and Concurrent Leave

Intermittent leave allows an employee to take leave in separate blocks of time instead of one continuous absence. For example, an employee may need leave every other Monday for medical treatment or several hours at a time during a flare-up of a serious health condition. Intermittent leave creates tracking challenges because employers must monitor small increments of leave, confirm the time ties back to the approved reason, and keep managers from treating protected absences as attendance problems.

Concurrent leave can apply when the same absence qualifies under more than one policy or law. For example, an employee’s medical leave (including a leave due to a workplace injury or illness) may also involve FMLA, state PFML, short-term disability, PTO, or company-paid medical leave. Identify these overlaps early so you do not unintentionally extend leave or create confusion about pay, benefits, and reinstatement.

Documentation matters here. Track the reason for leave, the law or policy that applies, the time used, the pay or benefits available, and the expected return date. Written call-in rules, designation notices, manager training, and reliable time-and-attendance tracking can help keep the process consistent without overcomplicating every leave request.

Can Employers Deny a Leave of Absence Request?

Eligible employees who meet the qualifying criteria and work for a covered employer generally cannot be denied a leave of absence when federal, state, and/or local law requires it. Under the FMLA, for example, you may deny leave only when the employee or the reason for leave does not meet the eligibility requirements — and you should never retaliate against an employee for requesting protected leave.

Granting voluntary leave not covered under federal, state, or local law is generally at the employer's discretion. However, applying your policy consistently when approving or denying requests can help protect your business from discrimination claims.

If you deny leave, put the reason in writing. The record should connect the decision to the facts, the policy or law applied, and any alternative you considered, such as a shorter leave, modified schedule, remote work arrangement, or ADA accommodation review.

How Long Can an Employee Take a Leave of Absence From Work?

Leave of absence length depends on whether the time away is protected under federal, state, and/or local law and the employer's policy. Job-protected leave under the FMLA, for instance, allows eligible employees to take up to 12 weeks off without pay within a 12-month period, with healthcare benefits maintained on the same basis as if they had remained continuously employed.

State PFML programs do not always line up neatly with FMLA. Some provide wage replacement, some offer different leave periods, and some create additional job-protection rules, such as Massachusetts' 26 weeks of combined family and medical leave per benefit year.

If you approve voluntary leave, your policy should specify the expected return-to-work date, whether some or all of the time is paid, and the process for transitioning back, such as returning part time or full time. You can set a maximum period, such as 30, 60, or 90 days, and decide when extensions require approval. The policy should avoid open-ended promises, but HR should still consider whether the ADA requires additional leave as a reasonable accommodation.

Tips for Creating and Managing a Leave of Absence Policy

To plan and respond to leave of absence requests objectively and consistently, consider the following.

• Keep the handbook current. Employees may rely on the employee handbook, past practice, or what they have heard from co-workers. Confirm that your handbook clearly explains leave policies and reflects current federal, state, and local requirements.
• Train managers on the policy. Some employees will go to managers first to find out the steps they need to take to request a leave of absence. For this reason, your managers should understand the company’s policies and communicate consistently with how they are written.
• Listen for indirect cues. Employees may not always ask for leave directly. Sometimes, employees make statements or use key phrases that should prompt the employer to seek more information. For example, a reference to a health condition, caregiving need, workplace injury, or sporadic absences may require HR to consider FMLA, workers’ compensation, ADA, or other leave obligations.
• Document every decision in writing. Document the process, including communications with the employee, leave requests, and decisions. Employers may also ask employees to acknowledge final decisions in writing.
• Apply policies consistently. Consistency helps you defend decisions and helps employees trust the process. Exceptions may happen, but they should have a clear business or legal reason.

Even the best policy will not make every leave decision easy. It can, however, give HR a cleaner record, managers a better playbook, and employees a process they can understand before a stressful situation turns into a workplace dispute.