Leave of absence

Leave of Absence (LOA) Under Federal Labor Law: What Employers Must Know

If you’re searching for what is a leave of absence from work, you likely need two things: (1) a clear definition of leave of absence (LOA leave) and (2) practical, compliance-focused steps for handling employee requests. This SwiftSDS guide explains leave of absence employment rules under key federal laws—especially the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA)—plus best practices for documenting, tracking, and posting required notices.

What Is a Leave of Absence From Work?

A leave of absence is an approved period of time away from work, typically granted for medical, family, military, personal, or other qualifying reasons. LOAs can be paid or unpaid, and may be required by law (e.g., FMLA) or provided voluntarily under employer policy.

Common LOA categories include:

• Medical leave of absence (employee’s own serious health condition)
• Family leave (care for a spouse, child, or parent)
• Personal leave of absence (non-medical reasons such as relocation, education, or personal matters—usually policy-based)
• Unpaid leave of absence (often FMLA-protected, but can also be discretionary)
• Military-related leave (USERRA), jury duty, voting leave (often state-based)

LOA administration also intersects with broader worker protections. For a high-level compliance refresher, see SwiftSDS’s overview of 5 rights of workers.

Federal Laws That Commonly Govern Leave of Absence

FMLA: The Core Federal Medical/Family Leave Framework

The Family and Medical Leave Act (FMLA) is the primary federal law governing job-protected leave. FMLA generally provides eligible employees up to 12 workweeks of unpaid, job-protected leave in a 12-month period for qualifying reasons (and up to 26 workweeks for certain military caregiver leave).

Covered employers (typical rule):

• Private employers with 50+ employees within 75 miles
• Public agencies and schools (with different coverage rules)

Eligible employees (typical rule):

• Worked for the employer for at least 12 months
• At least 1,250 hours worked in the prior 12 months
• Worksite meets the 50-employee threshold within 75 miles

Qualifying reasons include:

• Employee’s serious health condition (medical leave of absence)
• Birth of a child and bonding
• Placement of a child for adoption/foster care
• Care for a spouse, child, or parent with a serious health condition
• Certain military-related exigencies

If your workforce includes 1099 arrangements, confirm whether the individual is truly an independent contractor before denying leave. SwiftSDS addresses this common question in are contractors eligible for fmla.

For small employers navigating coverage thresholds and practical compliance, review family medical leave act for small business.

ADA: Leave as a Reasonable Accommodation

Even when FMLA does not apply—or after FMLA is exhausted—additional leave may be required as a reasonable accommodation under the Americans with Disabilities Act (ADA), absent undue hardship. This is a frequent trigger for extended unpaid leave of absence requests.

Key ADA compliance points:

• Engage in an interactive process
• Request only job-related medical information consistent with business necessity
• Consider leave as an accommodation when it enables the employee to return and perform essential functions

SwiftSDS resources for ADA documentation and HR workflows:

• ada hr
• ada forms for employers

Anti-Discrimination & EEO Considerations

Leave decisions can create risk when inconsistently applied or when they implicate protected characteristics (pregnancy, disability, religion, etc.). Ensure your LOA policies are consistently administered and that managers understand retaliation and disparate treatment risks. For broader context, see as it pertains to employment opportunity the eeo strives to.

How Long Is a Leave of Absence?

“How long is a leave of absence” depends on the type of leave and which rules apply:

• FMLA: Up to 12 workweeks unpaid and job-protected in a defined 12-month period (or 26 for military caregiver leave).
• ADA accommodation leave: No fixed duration in the statute. The length is assessed case-by-case based on medical need, expected return, and undue hardship.
• Employer policy (personal LOA leave): Your handbook typically controls duration, eligibility, benefits continuation, and return-to-work rules—so long as policies do not conflict with federal or state law.

For pregnancy-related timing questions, SwiftSDS has deeper guidance on how long is maternity leave and federal law pregnancy leave.

How Do I Take a Leave of Absence From Work? (Employer Process Checklist)

Employees often ask, “how do I take a leave of absence from work?” HR should have a repeatable intake and documentation process. Here’s an actionable compliance-first workflow:

1) Identify the Leave Type and Applicable Law

• Determine whether the request may qualify under FMLA, ADA, workers’ compensation, or a policy-based personal leave of absence.
• Treat “I need time off for treatment” or “I’m caring for my parent” as potential FMLA triggers even if the employee doesn’t mention FMLA.

2) Provide Required Notices and Eligibility Information (FMLA)

Under FMLA rules, employers must provide timely notices (e.g., eligibility and rights/responsibilities, and designation notice). Create templates and a tracking system to avoid missed deadlines.

3) Request Appropriate Documentation (Without Overreaching)

• For FMLA, you may request medical certification to support a qualifying serious health condition.
• Under ADA, request medical information only as needed to support the accommodation request and functional limitations.

Use standardized forms and consistent review practices; see ada forms for employers for practical documentation support.

4) Confirm Pay, Benefits, and PTO Coordination

A leave of absence is often unpaid, but employees may be allowed—or required under policy—to use accrued paid time off concurrently (subject to state law and your plan terms). Define:

• Whether PTO runs concurrently with FMLA
• Whether benefits continue and how premiums are paid
• How you will handle holiday pay during LOA

5) Document the Decision and Communicate Return-to-Work Expectations

Provide a written summary:

• Leave start/end dates (or intermittent schedule)
• Any required check-ins
• Fitness-for-duty requirements (where lawful and appropriately limited)

6) Track Intermittent Leave Accurately

Intermittent FMLA leave requires precise timekeeping and consistent attendance coding. Train supervisors to route issues back to HR.

Posting and Notice Compliance: Don’t Overlook the Basics

LOA compliance is not just policies and forms—posting and notice obligations matter too. Many employers satisfy federal wage/hour notice obligations with required posters, such as:

• Employee Rights Under the Fair Labor Standards Act (U.S. DOL Wage and Hour Division)

If you have public-sector operations, you may also need:

• Employee Rights Under the Fair Labor Standards Act - State and Local Government

Because leave administration is often intertwined with state and local rules (paid family leave programs, sick leave mandates, pregnancy protections, and posting requirements), confirm your jurisdictional poster set:

• Federal (United States) Posting Requirements
• Florida (FL) Labor Law Posting Requirements
• Ohio (OH) Labor Law Posting Requirements
• Maryland (MD) Labor Law Posting Requirements

If you operate in New York City, leave coordination can be complex; see fmla nyc for additional context.

Best Practices for LOA Leave Policies (Risk Reduction)

• Define categories clearly: medical leave of absence, personal LOA, military, jury duty, etc.
• Use consistent eligibility rules for policy-based leaves (while honoring legally protected leaves).
• Centralize approvals with HR to prevent inconsistent manager decisions.
• Train supervisors on recognizing FMLA/ADA triggers and avoiding retaliation.
• Maintain confidentiality: store medical records separately from personnel files.
• Audit annually: confirm your handbook, forms, and posters match your locations and headcount changes.

FAQ: Leave of Absence

Is a leave of absence always unpaid?

No. A leave of absence can be paid if your policy provides paid leave or if the employee uses PTO. However, FMLA leave is generally unpaid, though employers often run PTO concurrently where permitted.

Can an employer deny a medical leave of absence?

If the employee is eligible and the reason qualifies under FMLA, you generally cannot deny FMLA-protected leave. Separately, under the ADA, additional leave may be required as a reasonable accommodation unless it creates undue hardship.

What’s the difference between personal leave of absence and FMLA?

A personal leave of absence is typically employer-discretionary and governed by policy. FMLA is a federal legal entitlement for eligible employees and provides job protection and continued group health benefits under specific conditions.

SwiftSDS helps employers stay compliant with labor law posting and workplace requirements. For broader leave-related topics, explore Federal employee leave if your organization supports government workforces or employs federal workers.