Medical Leave of Absence
What Is a Medical Leave of Absence from Work?
A medical leave of absence is defined as a category of time off for employees who face medical conditions that impact their physical or mental health, meaning that they can no longer perform key job responsibilities.
Like other leave types, a medical leave of absence will have consequences for compliance that need to be addressed, such as maintaining diligent records about the covered leave and understanding the law to avoid potential violations.
What Reasons Qualify for a Personal or Medical Leave of Absence?
The Family and Medical Leave Act (FMLA) offers a broad definition of what qualifies for medical leave from work. In short, it's any serious health condition that renders the employee unable to perform the functions of their position. Eligible employees can also take time off to care for a family member with a mental or physical health condition.
Employees should coordinate with their healthcare providers to certify that their condition leaves them unable to perform any one of the essential functions of their position, or unable to work at all.
Is a Medical Leave of Absence Paid?
The FMLA requires employers to provide up to 12 weeks of leave or absence from work for medical purposes. As with other FMLA leave categories, the employer isn't required to provide paid leave. In addition, employers who provide forms of paid leave (such as paid sick leave and paid vacation time) may require employees to use their accrued leave as a part of the 12-week period.
What Employers Are Covered by the FMLA?
Employers covered by the FMLA include:
- Private-sector employers are covered if they employ 50 or above employees in 20 or more working weeks in the current or prior calendar year.
- Public agencies are covered no matter the number of employees employed.
- Schools are also covered no matter the number of employees employed.
Other ways employers may be covered under the FMLA include:
- Integrated Employers. See section 825.104(c) of the FMLA regulations for more information.
- Joint Employers. See section 825.106 of the FMLA regulations for more information.
- Successor Employers. See section 825.107 of the FMLA regulations for more information.
Who Qualifies for FMLA-Supported Medical Leave of Absence?
Employees must meet specific requirements to qualify for FMLA supported medical leave of absence. For example, they must:
- Have been employed by a covered employer for 12 months.
- Have carried out 1,250 hours of work with their employer 12 months before their FMLA leave starts.
- Work at a location in which the employer employs a minimum of 50 employees within 75 miles.
How Does a Medical Leave of Absence Work for Mental Health Conditions?
Not all medical conditions are visible. Mental health conditions such as depression, anxiety, post-traumatic stress disorder, and bipolar disorder can keep an employee from reaching the levels of personal performance, collaboration, and physical health they need to work effectively.
We’ve put together some core insights into navigating a medical leave of absence for mental health reasons:
- Avoid biased assumptions for how mental illness might affect employees.
- Identify whether the employee’s behavior creates difficult or worrying situations in the workplace. Are there specific triggers that might create difficult or worrying situations for them?
- Encourage managers to engage with employees and identify any support that may help manage their conditions, such as making reasonable allowances and adjustments.
- Make the organization’s performance expectations clear and follow up with consistent actions.
- Listen to employees and ask the most important question: “How can I help you?”
It’s important to remember, meanwhile, that a medical leave of absence doesn’t need to be taken all at once as a solid 12-week block. Staying flexible can help employees manage any recurring conditions or setbacks, without fearing for their jobs.