What is a medical leave of absence?

A medical leave of absence is a way for workers to take time off in extraordinary circumstances related to their own health or that of a family member. In these cases, the Family Medical Leave Act (FMLA) mandates some employers to let employees have up to 12 weeks of job-protected unpaid time off for reasons such as surgery or medical treatments. Other reasons include childbirth and adoption as well as caring for family members who are ill.

Who qualifies for amedical leave of absence?

Per the FMLA, employees who work for a covered employer— one with 50 or more employees—and have worked for at least 1,250 hours during the last 12 months are eligible for a 12-week medical leave of absence. Some states have their own criteria, so even if workers don’t qualify under the FMLA, state law may still require employers to provide a medical leave in certain circumstances.

What circumstances are required to qualify for a medical leave?

There are four circumstances in which covered employers are required to provide a medical leave of absence for employees. These include:

• Serious medical issues: Employers must provide employees with serious health conditions a medical leave of absence when they require medical supervision and treatment that interferes with their job. This also applies to family members with serious health conditions so that the employee can provide adequate care.
• Pregnancy and childbirth: Employees who are pregnant and new parents—new mothers and in some cases, fathers—are eligible for FMLA medical leave. This medical leave of absence can be recovery and bonding time for the birthing parent or time to care for the newborn member of the family for the non-birthing parent.
• Adoption or foster care: Adopting a child and caring for a child in foster care are also covered reasons for anFMLA medical leave of absence. This time is considered covered because it gives new parents and caretakers time to bond with the child and provide any extra care necessary for those in formerly precarious situations.
• Military support and care: When employees qualify for a medical leave due to military caretaking, they’re usually eligible for up to 26 weeks of unpaid time off within one 12-month time period. These medical leaves are usually taken by employees who must care for a military service member who has a serious illness or injury.

What documents must employees provide for a medical leave?

In addition to proof of eligibility, employees seeking a medical leave of absence also need to provide medical documentation from their healthcare provider. These forms and documents should line out why the medical problem interferes with the employee’s ability to do the job, and you should have requirements clearly lined out in your employee handbook.

Likewise, if the worker is taking a medical leave to care for a family member, they should provide you with medical documentation plus proof of familial relationship with the person they plan to help during their unpaid time off. If adopting or fostering a child, documents from the state that confirm this are also a requirement per federal law.

When the employee is using the FMLA for family military leave, documentation from the branch they’re attached to is required. These necessary documents include proof of military status and copies of deployment orders. A statement from a military member’s commanding officer that details the need for leave also qualifies under FMLA rules.

How long is required for a medical leave?

The FMLA requires employers to provide 12 weeks of unpaid medical leave, but some states also have their own sets of laws surrounding a medical leave of absence. For example, California’s Paid Family Leave requires employers to provide partial wages during a medical leave lasting up to 8 weeks. Per the National Conference of State Legislatures (NCSL), otherstates have their own paid and unpaid medicalleave laws, all with theirown rules and regulations, including:

• Colorado
• Connecticut
• Delaware
• Hawaii
• Maine
• Massachusetts
• Minnesota
• New Hampshire
• New Jersey
• New York
• Oregon
• Rhode Island
• Vermont
• Washington
• Washington D.C.

If you have employees in any of these states, you should familiarize yourself with the rules and regulations surrounding a medical leave of absence so you’re prepared for any requests from workers in the future.

Do employees get paid during a medical leave?

If an employee is taking an FMLA-compliant medical leave of absence, you’re not required to pay them during the 12-week period, but you must protect their job. Also, some states require employers to provide paid medical leaves in some instances, and you should be aware of how these laws may apply to your business. Whether required by law or not, however, benefits such as employer-paid short-term disability insurance and paid sick leave offer companies a way to reduce turnover, boost staff morale and cultivate a committed workforce.

When should workers ask for a medical leave?

Your company policies and the employees’ circumstances dictate when notice of medical leave is provided. As a general rule, team members should let you know they require a medical leave of absence as soon as they know. Planned surgeries or childbirth typically have a set timeline, and in most cases, employees provide the human resources department with their intent 30 days prior. Other cases, however, may necessitate same-day notice, such as medical emergencies like car accidents.

To ensure fairness and easy understanding of your medical leave policy, you might spell it out in your employee handbook and keep it handy within your business’s online employee portal. Easily available forms provided by your HR department can smooth the process, or workers can let supervisory staff know, and they can point them to the proper way to submit their intent of medical leave to your business.

Can workers split up medical leave time?

Yes, the FMLA states that employees can take leave for less than full days so long as they have good reasons and their employers approve it. Reasons workers may want to take this option include situations where they must undergo chemotherapy treatments, take family members to doctors’ appointments or provide care for close kin when regular caretakers need downtime. To avoid misunderstandings, employers should clearly line out company policies for taking medical leave in increments, including how much time off employees can take in these instances.

Can workers extend a medical leave of absence?

The FMLA limits the time employees may take off on medical leave to 12 weeks, but some states require employers to provide longer time periods. With that in mind, be sure to analyze all the laws that apply to your state and plan your policies and procedures for medical leave accordingly.Rules and regulations from the federal and state government, however, don’t stop employers from offering other options for adding more time to a medical leave of absence. For example, you might offer fringe benefits to workers, such as paid sick leave and paid time off (PTO) days that can extend medical leave.

When an employee requests a job-protected medical leave of absence, employers with over 50 employees are required by the FMLA to provide it. Employers, however, should look at this as a good thing and set clear policies that help employees better navigate the process in their times of need. A clear understanding of federal and state laws as they pertain to an employee taking a medical leave helps ensure you stay in compliance while fostering a sense of well-being within your workforce.

Medical leave of absence FAQs

Can employers change the job of a worker on medical leave?

There are instances known as qualifying exigencies that let you change the employee’s job while they’re away. These reasons include things such as downsizing that eliminates the position. When these instances occur, you must transfer the employee to a like position with the same benefits and pay as their previous job.

Do workers have to prove they’re healthy before returning from a medical leave?

When employees take a medical leave for personal reasons, they must provide documentation from their doctor that states they’re ready to return to work. This documentation should offer information about the condition, note a return date and list out any work restrictions or limitations on how the employee can perform their job. Likewise, if the medical leave was taken for a family member, adoption or foster care, documentation should include statements that prove the need for a relative’s care, birth certificates and certification of adoption from the state.