Leave of Absence: Types, Rules & How to Handle One
A leave of absence is an extended, approved break from work that goes beyond ordinary PTO — and the rules depend on why it's taken, how big the employer is, and what state you're in.
The main types
Medical leave (the employee's own serious condition), family leave (new child, caring for a family member), military leave, jury duty, bereavement, and personal leave. Some are legally protected; others are purely employer policy.
FMLA is the big federal one: employers with 50+ employees must provide up to 12 weeks of unpaid, job-protected leave for qualifying medical and family reasons to employees with a year of service and 1,250 hours worked. Smaller businesses aren't covered by FMLA — but many states have their own family-leave laws with lower thresholds, and several run paid family leave programs.
Paid or unpaid?
FMLA itself is unpaid (employees often run PTO concurrently). State paid-leave programs (like California's PFL or programs in New York, Washington, and others) pay partial wages from a state fund. Beyond legal minimums, whether leave is paid is your written policy's call — consistency is what keeps it fair and defensible.
Handling a leave well (small-business edition)
Get the request in writing with dates and reason, check whether any law protects it (FMLA, state leave, ADA accommodation, jury/military duty), document the approval, and track the time distinctly from vacation/sick in your system. Benefits continuation and the return-to-work date should be agreed up front — the disputes always happen at the edges.
FAQ
Is a leave of absence paid?
Often not by federal law — FMLA is unpaid job protection. But state paid-leave programs, employer policy, or concurrent PTO can make some or all of it paid.
Can an employer deny a leave of absence?
Legally protected leave (FMLA-qualifying, jury duty, military) can't be denied for eligible employees. Purely personal leave is discretionary under your policy.
What's the difference between PTO and a leave of absence?
PTO is short, accrued time off used at will; a leave of absence is an extended, specifically approved absence — often unpaid and sometimes legally protected.
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