Employee Leave of Absence Policy Template

Life happens — and sometimes, employees need to step away from work for a while. Whether it’s for medical recovery, parental bonding, bereavement, or personal matters, a leave of absence policy helps ensure employees know when and how they can take time off, and what to expect during their absence.

A clear leave policy also protects the company by ensuring consistent practices, aligning with labor laws like the Family and Medical Leave Act (FMLA), and making it easier for managers and HR teams to support employees with empathy and compliance.

What the Leave of Absence Policy Should Include

A complete employee leave policy should address:

• Purpose and scope: Who the policy applies to and why it exists.
• Types of leave: Medical, parental, bereavement, military, jury duty, personal, and others.
• Eligibility: Requirements based on tenure, employment status, or legal protections.
• Leave length and limits: Maximum durations for each type of leave.
• Pay status: Whether leave is paid, unpaid, or partially paid.
• Benefits during leave: Whether health insurance or other benefits are continued.
• How to request leave: Process for submitting requests and necessary documentation.
• Job protection and return to work: Whether and how roles are held during leave.
• Legal compliance: Alignment with FMLA, ADA, state-specific laws, and internal policies.
• Manager and HR roles: Responsibilities for approval, tracking, and communication.

Purpose of the Leave of Absence Policy

The purpose of this policy is to:

• Provide a structured, transparent way for employees to request and take time off for qualified reasons.
• Ensure fair and consistent treatment across teams and situations.
• Comply with federal, state, and local labor laws governing employee leave.
• Support employee well-being and work-life balance while maintaining operational continuity.

Sample Employee Leave of Absence Policy

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Effective Date: [Insert Date]
Policy Owner: People Team / HR Department
Last Reviewed: [Insert Date]

1. Policy Overview

At [Company Name], we recognize that employees may need extended time away from work for personal, medical, or legally protected reasons. This policy outlines the types of leaves available, who is eligible, and how to request time off.

Leave may be paid, unpaid, or job-protected depending on the type of leave and the employee’s classification.

2. Scope

This policy applies to:

• All full-time and part-time employees
• Employees in the U.S. and other applicable locations (refer to local guidelines where relevant)
• Leave types beyond standard vacation, sick, or holiday time

3. Types of Leave Available

Medical Leave (Short-Term or Long-Term)

• For recovery from a serious illness, injury, or medical procedure.
• May require a doctor’s note or certification.
• May run concurrently with FMLA (if eligible).
• Duration: Up to [e.g., 12 weeks]; extended leave requires HR approval.

Family and Medical Leave Act (FMLA)

• Up to 12 weeks of unpaid, job-protected leave in a 12-month period for:
  • Birth, adoption, or foster care placement
  • Serious health condition (employee or immediate family)
  • Certain military family needs
• Eligibility: Must have worked at least 12 months and 1,250 hours in the past year.

Parental Leave

• For birth, adoption, or bonding with a new child.
• May be partially or fully paid depending on company policy or jurisdiction.
• Duration: [e.g., 6–16 weeks] depending on employee classification and location.

Bereavement Leave

• Time off following the death of a close family member.
• Paid or unpaid based on relationship and tenure.
• Duration: [e.g., 3–5 days]; extended leave may be granted upon request.

Military Leave

• Job-protected leave for service members under the Uniformed Services Employment and Reemployment Rights Act (USERRA).
• May be unpaid; benefits and reemployment rights apply.

Jury Duty or Court Leave

• Leave for required jury service or legal obligations as a witness.
• Paid for up to [Insert #] days in accordance with state laws.

Personal Leave of Absence

• For personal or family reasons not covered above.
• Discretionary and subject to manager and HR approval.
• Typically unpaid and not job-protected unless otherwise specified.

ADA/Disability Accommodation Leave

• Reasonable leave granted as an accommodation under the Americans with Disabilities Act (ADA).
• Requires interactive process with HR and possible documentation.

How to Request Leave

To request a leave of absence:

1. Notify your manager and the People Team at least [Insert minimum notice period, e.g., 30 days] in advance, unless the need is unforeseeable.
2. Complete the Leave Request Form (available via [Insert HR system or link]).
3. Submit medical or legal documentation as required by the type of leave.
4. Work with HR to confirm leave start and return dates, coverage plan, and communication expectations.

Emergencies or urgent needs will be handled case by case with empathy and flexibility.

5. Pay During Leave

Refer to your benefits package for details on paid leave programs and short-term disability policies.

6. Benefits During Leave

While on approved leave:

• Health insurance benefits will continue under the same terms, though employees on unpaid leave may be responsible for premium payments.
• PTO accrual may pause during extended unpaid leave, depending on the length and type.
• Other benefits (e.g., 401(k), life insurance) may be affected after a certain leave duration; HR will provide details in your leave packet.

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7. Job Protection and Return to Work

• Employees on FMLA, military, or ADA-protected leave will be reinstated to the same or equivalent position upon return, consistent with legal requirements.
• For discretionary or personal leaves, job protection is not guaranteed — but [Company Name] will make reasonable efforts to accommodate a smooth return.
• Before returning, employees may be asked to provide a fitness-for-duty note from their healthcare provider (for medical leave).

8. Non-Retaliation

Employees who request or take a leave of absence in accordance with this policy are protected from retaliation. If you believe you’ve been treated unfairly because of a leave request or absence, contact HR immediately.

9. Manager and HR Responsibilities

Managers are responsible for:

• Supporting employees throughout the leave process with empathy and discretion
• Maintaining confidentiality
• Coordinating temporary coverage as needed

The People Team is responsible for:

• Processing leave requests and tracking time away
• Ensuring legal compliance (FMLA, ADA, state-specific laws)
• Communicating next steps for benefits and return-to-work procedures

Frequently Asked Questions

1. Can I take personal leave even if I don’t qualify for FMLA?
Yes, you can request a personal leave of absence, but approval is discretionary and job protection is not guaranteed.

2. Do I get paid while I’m on FMLA?
FMLA itself is unpaid, but you can use accrued PTO or apply for paid parental or disability leave benefits, if eligible.

3. Will my job be waiting for me when I return?
If your leave is protected (FMLA, ADA, military), yes. For unprotected leaves, we’ll work with you on potential reinstatement.

4. Can I continue my health insurance during unpaid leave?
Yes — but you may be required to cover your portion of premiums while on leave. HR will help you coordinate.

5. How far in advance should I request leave?
Please give at least 30 days’ notice for foreseeable events (like planned surgery or parental leave). Emergencies will be handled flexibly.

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