Leave of Absence Policy

Do I need a Doctor’s excuse?

A Leave of Absence is essentially any employee absence from work not covered by other benefits such as paid time off, paid holidays, etc. These absences may be either paid or unpaid depending on the type of absence. Jury duty, for example, would be a paid leave of absence. Furthermore, the employee’s benefits may or may not be continued during the time of the Leave of Absence. The important common factor for any type of official Leave of Absence is that the employee retains employment status whether or not pay or benefits are continued.

Some examples of required types of Leave of Absence include:

1. Family and Medical Leave Act (FMLA) applies to organizations with 50 or more employees.
2. Uniformed Services Employment and Reemployment Rights Act (USERRA)
3. Bereavement
4. Jury Duty

Policy Elements

An effective Leave of Absence policy statement should contain the following:

1. General information on federally required leave such as those listed above as well as anything else specific to the State in which the apostolate is situated.
2. The organization’s policies on continuation of benefits during leave.
3. Any extensions to the bereavement policy such as time off for the death of close friends or extended family members.
4. How to apply for leave, and whom to contact regarding upcoming leave.

Resources

More details on FMLA are available from the Department of Labor.

For employers of Armed Service members, more USERRA information is available from the Department of Labor, as well.