A comprehensive leave of absence (LOA) policy is essential for US employers navigating the complex web of federal, state, and local leave laws. From FMLA to state-specific paid leave programmes, military leave, and ADA accommodations, employees may be entitled to multiple overlapping leave entitlements. This template provides a clear, consolidated leave of absence policy that covers all major leave types and provides a framework for company-approved leave beyond statutory obligations.
Key Takeaways
- FMLA provides up to 12 weeks of unpaid, job-protected leave for eligible employees.
- Many states (CA, NY, WA, CO, etc.) provide additional paid or unpaid leave beyond FMLA.
- Military leave is governed by USERRA and provides up to 5 years of cumulative leave.
- A clear LOA policy reduces confusion, ensures compliance, and supports employees during difficult times.
What This Template Covers
This template provides a complete leave of absence policy for US employers. It covers FMLA, state-specific paid and unpaid leave programmes, military leave under USERRA, ADA reasonable accommodations, company-approved personal leave, and the administrative procedures for requesting and managing leave. It is designed for employers with operations in one or more US states.
Leave of Absence Policy Template
1. Purpose
[Company Name] recognises that employees may need extended time away from work for a variety of personal, medical, and family reasons. This policy outlines the leave of absence entitlements available to employees, including federally and state-mandated leaves, as well as company-approved personal leave.
2. Scope
This policy applies to all regular full-time and part-time employees of [Company Name]. It covers all leave types available under federal, state, and local law, as well as discretionary company-approved leave.
3. Federal Family and Medical Leave Act (FMLA)
Eligible employees are entitled to up to 12 weeks of unpaid, job-protected leave per 12-month period under the FMLA. Leave may be taken for:
- The birth of a child and care of a newborn
- Placement of a child for adoption or foster care
- A serious health condition that prevents the employee from performing their job
- Care for a spouse, child, or parent with a serious health condition
- A qualifying exigency arising from a family member’s military service
Eligibility:
- Employed by [Company Name] for at least 12 months
- Have worked at least 1,250 hours in the 12 months preceding the leave
- Work at a location with 50 or more employees within a 75-mile radius
Key provisions:
- Leave is unpaid (employees may use accrued PTO or vacation pay during FMLA leave).
- Health insurance continues during FMLA leave on the same terms as if the employee were working.
- The employee’s position (or an equivalent position) is restored upon return.
4. FMLA Military Caregiver Leave
Eligible employees may take up to 26 weeks of unpaid leave in a single 12-month period to care for a covered service member with a serious injury or illness. This is in addition to the standard 12-week FMLA entitlement.
5. State-Specific Leave Programs
[Company Name] complies with all applicable state and local leave laws, which may provide additional or enhanced leave entitlements. Key state programmes include:
| State | Programme | Entitlement |
|---|---|---|
| California | CFRA, PDL, PFL | Up to 12 weeks CFRA + pregnancy disability leave + 8 weeks paid family leave |
| New York | PFL | Up to 12 weeks paid family leave (at 67% of pay, capped) |
| Washington | PFML | Up to 12 weeks paid family and medical leave |
| Colorado | FAMLI | Up to 12 weeks paid family and medical leave |
| Oregon | PFML | Up to 12 weeks paid family and medical leave |
| Massachusetts | PFML | Up to 12 weeks paid family leave; 20 weeks medical leave |
| Connecticut | PFML | Up to 12 weeks paid family leave |
Note: State laws change frequently. Consult HR or legal counsel for current requirements in your jurisdiction.
6. Military Leave (USERRA)
Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), employees who serve in the uniformed services are entitled to:
- Up to 5 years of cumulative leave for military service
- Reemployment rights upon return from service
- Health insurance continuation for up to 24 months during service
- Protection from discharge for 1 year after returning from service (or longer in certain circumstances)
Employees must provide advance notice of military service when possible and must apply for reemployment within the timeframes specified by USERRA.
7. ADA Reasonable Accommodations
If an employee’s medical condition qualifies as a disability under the Americans with Disabilities Act (ADA), the employee may be entitled to a reasonable accommodation, which may include additional unpaid leave beyond FMLA. [Company Name] will engage in the interactive process to determine whether additional leave is a reasonable accommodation.
8. Company-Approved Personal Leave
Beyond federally and state-mandated leave, [Company Name] may approve personal leave of absence for employees who need extended time away from work for reasons not covered by statutory leave. Key provisions:
- Personal leave is unpaid.
- Personal leave of [more than 30 days] requires [VP/CEO] approval.
- Health insurance may be continued at the employee’s expense during approved personal leave.
- PTO accrual does not continue during personal leave.
- The employee’s position is [held / not guaranteed] upon return from personal leave.
9. Administrative Procedures
- Employee submits a leave request via [HR system / email / phone] to [HR Contact/Department].
- Employee completes all required paperwork (e.g., FMLA certification, state leave application) within [15 days] of the request.
- HR reviews the request, determines eligibility and applicable leave type, and provides the employee with a notice of entitlements.
- Employee provides periodic status updates during the leave (at least [every 2 weeks]).
- Employee provides a fitness-for-duty certification (if required) before returning to work.
10. Return to Work
- Employees must provide at least [1 week] notice before returning from leave.
- A return-to-work conversation will be held with the employee’s manager and HR.
- Employees returning from FMLA leave are entitled to their original position or an equivalent position.
- Employees returning from other leave types will be returned to their position (or a comparable position) where reasonably practicable.
Legal Requirements Summary
| Leave Type | Duration | Pay | Eligibility |
|---|---|---|---|
| FMLA | 12 weeks | Unpaid | 12 months service; 1,250 hours; 50+ employees |
| FMLA Military Caregiver | 26 weeks | Unpaid | Same as FMLA |
| USERRA Military | Up to 5 years | Unpaid (military pay continues) | Uniformed service members |
| State Paid Leave | Varies (8–12 weeks) | Partial pay (varies by state) | Varies by state |
| ADA Accommodation | Varies | Unpaid | Qualified disability |
| Company Personal Leave | Employer’s discretion | Unpaid | Employer approval required |
Customisation Tips
- List your specific state programmes. If your employees are in multiple states, address each state’s leave programme separately.
- Define the 12-month period for FMLA. FMLA allows several methods (calendar year, fixed year, rolling 12 months). Choose one and apply it consistently.
- Coordinate overlapping leaves. FMLA, state leave, and ADA may run concurrently. HR should clearly communicate how leaves run together.
- Include a “bridging” provision. Some companies allow employees to extend leave beyond FMLA as a goodwill gesture. Define the conditions and duration clearly.
Common Mistakes to Avoid
- Not tracking FMLA usage carefully. FMLA leave is measured in hours, not days. Accurate tracking prevents disputes.
- Ignoring state-specific requirements. Many states provide leave beyond FMLA. Failing to comply can result in penalties and lawsuits.
- Requiring employees to return to the exact same job. FMLA requires restoration to the same or an equivalent position, not necessarily the exact same role.
- Not conducting the ADA interactive process. If an employee requests additional leave beyond FMLA, you must engage in the interactive process before denying the request.
- Failing to communicate leave entitlements clearly. Employees should receive a written notice of their leave entitlements, including applicable state programmes.
Frequently Asked Questions
Can we deny an FMLA leave request?
You can deny FMLA leave if the employee is not eligible (e.g., hasn’t worked 12 months, hasn’t worked 1,250 hours, or works at a location with fewer than 50 employees). If the employee is eligible, you cannot deny FMLA leave for a qualifying reason. However, you can require medical certification and manage leave intermittently.
Does FMLA leave run concurrently with state paid leave?
In many states, yes. For example, in California, CFRA leave runs concurrently with FMLA. However, pregnancy disability leave (PDL) runs concurrently with FMLA but not with CFRA. Coordinate with HR and legal counsel to determine how leaves overlap in your jurisdiction.
Can we require employees to use PTO during FMLA leave?
Yes. Under the FMLA, employers may require employees to substitute accrued PTO or vacation pay for unpaid FMLA leave. However, the employee’s FMLA leave entitlement is not reduced by the use of PTO — the 12 weeks of FMLA leave run concurrently with the PTO usage.
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