Medical leave of absence
Table of Contents
- Definition
Definition
A medical leave of absence is a type of leave available in the US that allows employees to take time off work for an extended period in emergency situations to address physical and/or mental health issues, or to care for a family member with a medical condition or disability.
Eligibility for a medical leave of absence in the US includes reasons such as childbirth, caring for a family member with a serious health condition, personal serious health conditions, and military-related responsibilities. To qualify for unpaid, job-protected leave under the federal law, the employee must have worked for a covered employer for at least 12 months and have worked a minimum of 1,250 hours in the previous 12 months.
If an employee does not meet the FMLA eligibility criteria, they may still be entitled to a non-FMLA leave under alternative provisions like a company's collective bargaining agreement or the Americans with Disabilities Act (ADA).
During a medical leave of absence, employees are typically granted up to 12 weeks of leave in a 12-month period. Employers may request medical certification for the leave and may require fitness for duty reports before the employee returns to work. The leave is unpaid, but employees may be able to apply for short-term or long-term disability benefits if their leave extends beyond six months.
The Family and Medical Leave Act (FMLA) governs medical leave of absence in the US and applies to public agencies and private sector employers with 50 or more employees. Employers can offer additional time off benefits such as paid parental leave alongside medical leave, depending on company policies and state laws. It is important for companies to clearly outline their leave policies in writing and include them in the employee handbook."