Leave of Absence: Meaning, Types, Best software
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Managing a leave of absence (LOA) today goes far beyond understanding the basics of the Family and Medical Leave Act (FMLA). With remote work on the rise and local jurisdictions frequently updating labour laws, HR teams face a growing challenge: staying informed on every regulation that applies to where their employees live and work.
On top of FMLA, other federal mandates—like the Americans with Disabilities Act (ADA) and the Pregnant Workers Fairness Act (PWFA)—also require employers to offer leave under specific circumstances. Meanwhile, forward-thinking companies are adding even more types of leave to their policies to attract and retain talent, including options like mental health days, sabbaticals, and time off for volunteering.
As the number of leave options expands, so does employee awareness and the volume of requests. That’s why it’s essential for leave managers to understand the range of leave types—both mandated and voluntary—so they can handle requests accurately while ensuring compliance and competitiveness. In this guide, we’ll cover 10 of the most common types of leaves of absence and what employers typically offer for each. Keep in mind, though, that this is just a general overview. State laws and company policies can vary widely.
What Types of Leaves of Absence Should Employers Know About?
1.Bereavement Leave
Bereavement leave gives employees the time and space to grieve after the loss of a loved one. While not commonly required by federal law, some states like California mandate up to five days of unpaid leave for eligible employees following the death of a family member.
Company policies on bereavement leave vary widely. Some organizations provide paid leave, while others offer unpaid time off. The scope can also differ—certain employers extend this benefit beyond immediate family to include close friends or even the passing of a beloved pet. Ultimately, thoughtful bereavement policies are a key part of a compassionate workplace culture.
2.Family and Medical Leave
Taking time off for personal or family health concerns is one of the most common reasons employees step away from work. As more states introduce their own family and medical leave policies, navigating overlapping regulations has become increasingly complex—for both HR teams and employees.
At the federal level, the Family and Medical Leave Act (FMLA) provides eligible workers with up to 12 weeks of unpaid, job-protected leave per year. To qualify, employees must have worked at least 1,250 hours over the past 12 months for an employer with 50 or more employees within a 75-mile radius. For example, a warehouse technician who suffers a serious injury could take several weeks off under FMLA and return to their job once recovered—if they meet eligibility criteria.
Beyond FMLA, a growing number of states are adopting paid family and medical leave laws. Oregon, for instance, offers qualifying employees up to 12 weeks of paid leave for medical, family-related, or safety concerns. Meanwhile, leading employers—like Salesforce and Google—are enhancing their leave benefits to stay competitive, offering extended paid parental leave and other generous time-off programs to support working families.
3.Crime Victim Leave
Crime victim leave gives employees the opportunity to take time off from work to manage the personal, legal, and emotional aftermath of a crime. For example, under Arizona law, victims are entitled to unpaid time away from work to attend court proceedings or participate in legal processes tied to the crime.
A growing number of states have also introduced domestic violence or “safety leave” laws, which allow survivors to take time off for crucial activities such as seeking medical care, securing restraining orders, or arranging a safe place to live. In some cases, provisions under broader federal laws like the FMLA may apply when recovery from abuse involves serious health conditions.
Forward-thinking employers often adopt their own crime-related leave policies that extend beyond state mandates. These may include paid time off or more flexible timelines to support victims through the recovery process—demonstrating a strong commitment to employee well-being and safety.
4.Jury Duty Leave
Jury duty leaves grants employees the necessary time away from work to fulfill their civic responsibility when summoned by the court. In states like Alabama, employers are required to offer fully paid leave for the duration of an employee’s jury service—and cannot force employees to use personal or vacation time to cover those days.
Laws around jury duty compensation can vary significantly by state. While some provide clear guidance on full wage coverage, others leave room for more complex arrangements. Regardless of location, most states prohibit disciplinary action against employees who take time off to serve on a jury, reinforcing the importance of this civic duty in a functioning legal system.
5.Military Leave
Military leave can apply to two distinct but equally important groups: service members themselves and their immediate families. Understanding both aspects is key to managing leave fairly and legally.
Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), employees who serve in the armed forces are entitled to take time off from civilian jobs without fear of losing their position. USERRA outlines clear guidelines for both granting leave and reinstating service members once their duty is complete ensuring their civilian careers aren’t put at risk due to military obligations.
On the other side, the Family and Medical Leave Act (FMLA) offers unpaid leave for employees facing challenges related to a family member’s active military service. This may include time off to attend deployment briefings, handle household responsibilities, or provide care for an injured service member. In both cases, military leave helps uphold commitments to national service while safeguarding employees’ professional and personal responsibilities.
6.Organ or Bone Marrow Donation Leave
Donating bone marrow or an organ is a life-saving act—and one that requires recovery time. While bone marrow donors typically bounce back in a few days, organ donors may need several weeks of rest. To support these individuals, several states mandate job-protected time off for recovery.
Take Wisconsin as an example: employers with 50 or more workers are required to offer up to six weeks of unpaid leave for eligible employees recovering from an organ or bone marrow donation. These policies allow donors to heal without worrying about job security, encouraging more people to participate in this generous and critical medical contribution.
7.Parental Leave
Although parental leave is often included within broader family and medical leave policies, a growing number of employers are creating dedicated paid parental leave programs. These policies provide new parents with paid time off to bond with a newborn or newly adopted child. According to Time Off Manager 365’s 2024 forecast report, 54% of organizations have either recently introduced or are planning to implement paid parental leave soon.
As parental leave policies continue to evolve, they are becoming more inclusive, generous, and competitive. Many now cover not only physical recovery for birth mothers but also quality bonding time for all parents, including fathers and partners. Employers are increasingly recognizing diverse family structures, offering leave that supports both birthing and non-birthing parents, with an emphasis on inclusivity for LGBTQ+ families.
A growing focus within parental leave is NICU leave, designed for parents whose newborns require extended care in the neonatal intensive care unit. These parents often spend long hours by their infant’s side during critical early days. NICU leave provides them with extra paid time off to better manage the emotional and practical challenges during this difficult period. For example, Bobbie, a company specializing in infant formula, grants 16 weeks of paid leave specifically for parents with babies in the NICU, in addition to its standard parental leave benefits.
8.Caregiver Leave
Caregiver leave allows employees to take time away from work to support and care for their family members in need. Eligible employees may qualify for this leave under laws like the Family and Medical Leave Act (FMLA) and similar regulations. While parental leave typically focuses on new parents caring for newborns or recently adopted children, caregiver leave is broader in scope.
Caregivers leave policies specifically address the needs of employees caring for seriously ill or injured relatives, such as children, parents, or other close family members. Additionally, some states—including Colorado and Connecticut—have introduced family leave insurance programs that offer partial wage replacement, helping workers financially during their time off to provide care.
9.Pregnancy Leave
While parental leave policies generally focus on allowing new mothers time to recover after childbirth, they often overlook the specific needs expectant parents have during pregnancy itself. This is where pregnancy leave comes into play. Pregnancy leave provides birthing parents with time off to attend prenatal checkups, ultrasounds, and other essential medical appointments. Many pregnancies leave policies also include provisions for workplace accommodations.
For example, the Pregnant Workers Fairness Act (PWFA), enacted in 2022, mandates that employers make reasonable accommodations for pregnant employees. This legislation complements the Americans with Disabilities Act (ADA), which does not classify pregnancy itself as a disability but recognizes certain pregnancy-related health conditions as qualifying disabilities.
Under the PWFA, employers are required to offer leave and necessary adjustments to pregnant workers who experience complications during pregnancy, childbirth, or the postpartum period, ensuring they receive adequate support throughout this critical time.
10.Disability Leave
Disability leave provides employees with the necessary time off to manage health conditions that affect their ability to work. These conditions can be temporary or long-lasting, and employers often differentiate leave options based on the duration and nature of the disability.
The Americans with Disabilities Act (ADA) is a federal law that mandates employers to offer reasonable accommodations to employees with disabilities. While the ADA does not explicitly guarantee leave, it does require employers to provide leave when it serves as a reasonable accommodation. This can include intermittent leave for disabilities that fluctuate over time.
According to the ADA, a disability is any physical or mental impairment that significantly restricts one or more major life activities, such as eating, speaking, breathing, walking, standing, lifting, working, reading, or communicating. Disabilities may range from physical conditions like blindness or hearing loss to mental health challenges such as anxiety or depression.
In addition to the ADA, the Pregnant Workers Fairness Act (PWFA) also compels employers to accommodate pregnant employees, including providing leave, when necessary, as part of these accommodations.
Conclusion
Time Off Manager 365 is a cloud-based leave management solution designed to help organizations streamline employee time-off requests and approvals. It simplifies tracking various types of leave—such as vacation, sick leave, parental leave, and more—by automating leave balances, eligibility calculations, and notifications.
With an intuitive interface, Time Off Manager 365 makes it easy for HR teams and managers to monitor absences, reduce manual paperwork, and ensure compliance with company policies and labor laws. It also provides employees with self-service access to request time off, view their leave balances, and stay updated on approval status—all in real time.
This tool is especially useful for businesses seeking to improve accuracy, save time, and boost overall productivity in managing employee absences.
Frequently Asked Questions
What is a leave of absence?
A leave of absence is a period when an employee is permitted to be away from work for personal, medical, or other reasons, while maintaining their job status.
What types of leave of absence are commonly available?
Common types include medical leave, parental leave, disability leave, caregiver leave, and jury duty leave, among others.
Do I get paid during a leave of absence?
Whether a leave of absence is paid or unpaid depends on company policies, the type of leave, and applicable laws such as the Family and Medical Leave Act (FMLA).
How do I request a leave of absence?
Typically, employees must notify their HR department or manager, submit a formal request, and provide any necessary documentation supporting the leave.
Can my job be protected while I am on leave?
- In many cases, laws like the FMLA protect your job during approved leave. However, protection varies depending on the leave type, employer size, and local regulations.