Six free leave of absence policy templates for small business, with the non-FMLA angle generic templates skip: a full policy, a small-business version, medical and handbook versions, a request form, and an acknowledgment, plus a plain-English size guide. Download as DOCX.
A leave of absence policy explains when and how employees can take extended time away from work, and what happens to their job, pay, and benefits while they are out. It covers the serious, often legally protected absences, such as medical, family, military, and personal leave, that go beyond regular paid time off. For a small business, the single most important thing a good policy does is match the leaves you actually owe at your size, rather than assuming the federal FMLA applies when it usually does not.
These six templates cover the range: a full 12-section policy, a small-business version built for employers below the FMLA threshold, a medical and personal version, a short handbook statement, a leave request form, and an acknowledgment. Each downloads as a Word document, free and without an email. Because leave sits next to your other time-away rules, the policy pairs with your time off policy and bereavement policy.
TL;DR
A leave of absence policy sets the rules for extended, often protected time off: medical, family, military, and personal leave, distinct from regular PTO. The part most templates get wrong: they assume the FMLA applies, but FMLA only covers employers with 50 or more employees. A small business's real floor is USERRA (all sizes), jury and voting leave, ADA leave at 15+, and state paid-leave laws. Download six free templates as DOCX, use the size guide, then have US counsel review. This is general information, not legal advice.
What a Leave of Absence Policy Is
A leave of absence policy is a written document that explains how employees take extended time away from work and what happens to their job, pay, and benefits while they are out. A leave of absence is an extended, often formally protected absence, such as medical, family, parental, military, or personal leave, that requires formal approval, unlike regular paid time off used for vacation or occasional days.
It is sometimes called an employee leave of absence policy or company leave policy. A complete version names the types of leave available, sets eligibility, and spells out how to request, approve, pay for, and return from leave, ending with a signed acknowledgment. Its job is to turn an unpredictable, sometimes legally sensitive event into a clear, consistent process.
Leave of Absence vs PTO
A leave of absence and paid time off solve different problems, and confusing them is a common mistake. PTO is your regular, accrued, paid time off for vacation and occasional days; a leave of absence is extended time away for a bigger life event, sometimes unpaid and sometimes legally protected.
Two Different Policies
Paid time off is flexible, accrued, paid time used in small increments for vacation, sick days, or personal days. A leave of absence is an extended absence, often for a serious reason like a medical condition, a new child, or military service, that requires formal approval and may carry legal job protection. Keep them as separate policies that reference each other. For accrued vacation and sick time, use the time off policy; this page covers extended and protected leave.
Many employers coordinate the two, for example by allowing or requiring accrued PTO to be used during part of a leave. Your policy should state how that interaction works so there is no confusion when a leave begins.
What to Include
A strong leave of absence policy moves from policy and scope, through the request and approval process, to pay, benefits, and return, and finally to the legal language and sign-off. The sections below are the consensus set a complete policy covers.
Policy and scope
Policy statement and purpose
Who it applies to and tenure rules
Types of leave covered
Request and approval
How and when to request leave
Approval and denial process
Notice requirements
Pay, benefits, return
Paid or unpaid, and PTO interaction
Benefits continuation during leave
Return-to-work and reinstatement
Legal and sign-off
Anti-retaliation statement
FMLA, ADA, USERRA, and state references
A signed employee acknowledgment
The element most templates handle poorly is the compliance layer: which leaves you actually owe, and at what size. That is where a small employer is most likely to go wrong, so it is worth its own section.
Which Laws Apply at Your Size
Leave obligations depend heavily on how many employees you have. This is the plain-English size guide most templates leave out, and it is the fastest way to see what your business actually owes.
5 to 14 employees
USERRA military leave, jury duty and voting leave, and any applicable state paid family, sick, or bereavement leave. Not covered by federal FMLA or ADA leave.
Your floor is USERRA plus state law. Some state paid-leave and sick-leave laws already apply at one employee, so check your state.
15 to 49 employees
Everything above, plus reasonable-accommodation leave under the ADA for a qualifying disability. Still not covered by federal FMLA.
The ADA now applies. State job-protection thresholds are also dropping toward your size in several states.
50 or more employees
Everything above, plus the federal FMLA: up to 12 weeks of unpaid, job-protected leave for eligible employees (12 months and 1,250 hours of tenure).
FMLA now applies alongside the ADA, USERRA, and your state laws. This is the full stack.
FMLA Is Not Your Starting Point Below 50 Employees
The federal FMLA applies only to employers with 50 or more employees. Below that, your leave obligations come from USERRA (military leave, all employers), jury and voting leave, the ADA (accommodation leave at 15 or more employees), and your state's paid family, sick, and bereavement leave laws. Several states apply paid-leave or sick-leave rules at very small sizes, some at a single employee, and a number of states are lowering their job-protection thresholds toward smaller employers over the next few years. Verify your state's current rules. This is general information, not legal advice.
Law
Applies at
Covers
USERRA
All employers
Military service leave and reinstatement
Jury / voting leave
Effectively all (federal + state)
Time off for jury service and voting
ADA accommodation leave
15+ employees
Leave as a disability accommodation
FMLA
50+ employees
Up to 12 weeks unpaid, job-protected leave
State paid family / sick / bereavement
Varies, some at 1+ employee
Paid or protected leave under state law
Which Template Should You Use?
Pick by your size and need. The small-business version is the right start for most employers under 50, the general version is the full document, and the medical, handbook, request-form, and acknowledgment pieces round out the set. Use the size guide above to confirm which laws to reference.
General LOA Policy
The complete version
The full 12-section policy covering every leave type, eligibility, request and approval, pay, benefits, return to work, and anti-retaliation, with an acknowledgment. The version most companies start from.
Small Business (Non-FMLA)
Under 50 employees
The version for a business below the FMLA threshold: it covers the leaves you actually owe at your size (USERRA, jury, voting, state laws, ADA at 15+) without pretending FMLA applies. The angle no competitor offers.
Medical / Personal
The common discretionary leaves
Focused on extended medical leave and personal leave, the leaves a small employer manages most often, with documentation and return-to-work handling.
Handbook Statement
One short section
A short statement written to drop straight into your employee handbook, covering the essentials of leave in a few lines.
Leave Request Form
The companion form
The form employees fill in to request leave, with leave-type checkboxes, dates, and a company-use classification section. Captures the request-form searcher too.
Acknowledgment Form
The signable form
A standalone acknowledgment employees sign at onboarding, creating a dated record that they received and understood the policy. The direct e-signature hook.
Match the Template to Your Business
Under 50 employees: start with the Small Business (Non-FMLA) version. Want the full document: the General LOA Policy. Focused on medical and personal leave: the Medical / Personal version. Adding it to a handbook: the Handbook Statement. Then use the Leave Request Form to take requests and the Acknowledgment Form to capture sign-off. Fill in your specifics, use the size guide, and have US counsel review.
6 Free Leave of Absence Templates
Download all six as a single Word document or copy individual templates. The general and small-business versions cover the core policy, the medical version handles the common discretionary leaves, the handbook statement is the quick insert, and the request and acknowledgment forms complete the process. Fill in your specifics, confirm your state's rules, and have US counsel review.
Download All 6 Leave of Absence Templates
General, small-business, and medical policies, plus a handbook statement, a leave request form, and an acknowledgment. All in one DOCX.
Template 1: General Leave of Absence Policy
The full 12-section policy covering every leave type, eligibility, request and approval, pay, benefits, return to work, and anti-retaliation, with an acknowledgment. The version most companies start from.
General Leave of Absence Policy
LEAVE OF ABSENCE POLICY
[Company Name]
Effective date: _ Next review: _ (within 12 months)
The complete leave of absence policy, covering the full range of extended and protected
leaves. Fill in the brackets and adapt to your size and state.
1. POLICY STATEMENT AND PURPOSE
[Company Name] recognizes that employees may need extended time away from work for
medical, family, personal, or other reasons. This policy explains the types of leave
available, who is eligible, and how to request and return from leave.
2. SCOPE
This policy applies to [full-time / part-time] employees. Some leaves require a minimum
tenure, noted below. A leave of absence is an extended, often formally protected absence,
distinct from regular paid time off.
3. TYPES OF LEAVE COVERED
Legally required regardless of company size:
•Military leave (USERRA), for all employers
•Jury duty and voting leave, per federal and state law
•Applicable state paid family and medical, sick, and bereavement leave
Required at 15 or more employees:
•Reasonable-accommodation leave under the ADA for a disability
Required at 50 or more employees:
•Family and Medical Leave Act (FMLA) leave, up to 12 weeks
Voluntary / discretionary (company choice):
•Personal leave, extended medical leave beyond legal minimums, educational leave
4. ELIGIBILITY
Eligibility depends on the leave type and applicable law. [State any company-set tenure
requirement for discretionary leave, for example 90 days.] Legally required leaves follow
the eligibility rules in the applicable statute.
5. HOW TO REQUEST LEAVE
Submit a written request to [manager / HR] as far in advance as possible, ideally
[30 days] for foreseeable leave, using the Leave of Absence Request Form. For unexpected
leave, notify [manager / HR] as soon as practical.
6. APPROVAL AND DENIAL
[Company Name] reviews each request against this policy and applicable law. Legally
protected leave is granted per the law. Discretionary leave is approved at the company's
reasonable discretion based on business needs. Decisions are communicated in writing.
7. PAY STATUS
Leave is [paid / unpaid] depending on type and law. [State whether accrued PTO runs
concurrently or must be used first.] State paid-leave programs may provide wage
replacement for qualifying leave.
8. BENEFITS DURING LEAVE
[State how health and other benefits continue during leave, and the employee's premium
responsibility.] Some laws require benefit continuation during protected leave.
9. RETURN TO WORK
Employees on protected leave are generally reinstated to the same or an equivalent
position as required by law. [State any fitness-for-duty or return-notice requirement.]
Notify [manager / HR] of your return date in advance.
10. NO RETALIATION
[Company Name] does not retaliate against employees for requesting or taking legally
protected leave. Retaliation concerns should be reported to [owner / HR].
11. COMPLIANCE REFERENCES
This policy operates alongside USERRA, the ADA, the FMLA where applicable, and state
leave laws. Because obligations depend on company size and state, see the size guide in
the accompanying page and confirm current requirements with counsel.
12. ACKNOWLEDGMENT
I acknowledge that I have received and read the [Company Name] Leave of Absence Policy
and agree to follow it.
Employee signature: __ Date: _
DISCLAIMER: This is a sample template for general informational purposes only and is not
legal advice, and not a guarantee of compliance. Leave law is layered and fast-moving:
FMLA applies at 50+ employees, the ADA at 15+, USERRA to all employers, and state paid
family, sick, and bereavement leave laws vary and change yearly. Verify current federal
and state requirements and have this policy reviewed by qualified US employment counsel
before adopting it.
Template 2: Small Business LOA Policy (Before FMLA Applies)
For a business below the 50-employee FMLA threshold: it covers the leaves you actually owe at your size without pretending FMLA applies. The angle no competitor offers.
Small Business LOA Policy (Before FMLA Applies)
LEAVE OF ABSENCE POLICY (SMALL BUSINESS, UNDER 50 EMPLOYEES)
[Company Name]
Effective date: _
For a small business below the 50-employee FMLA threshold. It covers the leaves you
actually owe at your size, without pretending FMLA applies when it does not. Confirm your
state's rules, which increasingly reach small employers.
1. PURPOSE
[Company Name] provides leaves of absence consistent with the laws that apply to a
business of our size, plus discretionary leave where we choose to offer it. This is an
extended, often protected absence, separate from regular paid time off.
2. WHAT WE ARE REQUIRED TO PROVIDE
Even below 50 employees, we honor:
•Military leave under USERRA (all employers)
•Jury duty and voting leave per federal and state law
•Any state paid family and medical, sick, or bereavement leave that applies to us
•Reasonable-accommodation leave under the ADA, if we have 15 or more employees
We are [not currently / ] covered by the federal FMLA, which applies at 50 or more
employees. [Update this if you cross the threshold.]
3. DISCRETIONARY LEAVE WE OFFER
Beyond the law, [Company Name] may grant personal, extended medical, or family leave at
its discretion. [Describe what you offer, any tenure requirement, duration, and whether
it is paid or unpaid.]
4. HOW TO REQUEST
Ask [owner / manager] in writing as early as you can, using the Leave of Absence Request
Form. We will respond in writing, honor legally protected leave, and consider
discretionary requests based on business needs.
5. PAY, BENEFITS, AND RETURN
[State whether leave is paid or unpaid, how PTO interacts, how benefits continue, and
your return-to-work expectations.] For legally protected leave, we follow the applicable
law on pay, benefits, and reinstatement.
6. NO RETALIATION
We do not retaliate against anyone for requesting or taking legally protected leave.
ACKNOWLEDGMENT
I acknowledge that I have received and read this Leave of Absence Policy and agree to
follow it.
Employee signature: __ Date: _
DISCLAIMER: This is a sample template for general information only and is not legal
advice. State paid family, sick, and bereavement leave laws increasingly cover small
employers (some at one employee), and thresholds change yearly. Verify your state's
current requirements and have this reviewed by qualified US employment counsel before
adopting it.
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Template 3: Medical / Personal Leave of Absence Policy
Focused on extended medical leave and personal leave, the discretionary leaves a small employer manages most often, with documentation and return-to-work handling.
Medical / Personal Leave of Absence Policy
MEDICAL / PERSONAL LEAVE OF ABSENCE POLICY
[Company Name]
Effective date: _
Focused on extended medical and personal leave, the most common discretionary leaves a
small employer manages. Use alongside the general policy.
1. SCOPE
This covers extended medical leave (for the employee's own serious health condition) and
personal leave (for significant personal reasons), beyond regular paid time off.
2. MEDICAL LEAVE
Employees may request extended medical leave for their own serious health condition.
[State eligibility, maximum duration, and documentation, for example a healthcare
provider's note.] If the employee has a disability, reasonable-accommodation leave under
the ADA may apply at 15 or more employees, and FMLA may apply at 50 or more.
3. PERSONAL LEAVE
Personal leave may be granted at the company's discretion for significant personal
reasons not covered by other leave types. [State eligibility, maximum duration, and
whether it is paid or unpaid.] Personal leave is generally discretionary, not a legal
entitlement.
4. REQUEST AND DOCUMENTATION
Request in writing using the Leave of Absence Request Form, with as much notice as
possible. [State any required documentation.] The company may request reasonable
medical certification for medical leave, consistent with law and privacy rules.
5. PAY, BENEFITS, AND RETURN
[State pay status, PTO interaction, benefit continuation, and return-to-work and
fitness-for-duty expectations.] Reinstatement follows applicable law for protected leave.
6. NO RETALIATION
[Company Name] does not retaliate against employees for requesting or taking legally
protected medical leave.
ACKNOWLEDGMENT
I acknowledge that I have received and read this Medical / Personal Leave Policy and
agree to follow it.
Employee signature: __ Date: _
DISCLAIMER: This is a sample template for general information only and is not legal
advice. Medical leave interacts with the ADA, the FMLA where applicable, state law, and
medical-privacy rules. Have this reviewed by qualified US employment counsel before
adopting it.
Template 4: Short Handbook-Section Statement
A short statement written to drop straight into your employee handbook, covering the essentials of leave in a few lines.
Short Handbook-Section Statement
LEAVE OF ABSENCE
[Company Name]
Employees may request a leave of absence for extended time away from work, such as
medical, family, military, jury duty, or personal reasons. A leave of absence is
different from regular paid time off: it is an extended, sometimes legally protected
absence that requires formal approval.
[Company Name] provides all leaves required by law for a business of our size, including
military leave, jury duty and voting leave, and any applicable state paid family,
medical, sick, or bereavement leave, plus reasonable-accommodation leave under the ADA if
we have 15 or more employees and FMLA leave if we have 50 or more. We may also grant
discretionary personal or extended medical leave.
To request leave, submit the Leave of Absence Request Form to [owner / manager] as early
as possible. We do not retaliate against anyone for requesting or taking legally
protected leave.
NOTE: This short statement is written to drop into an employee handbook. It is a sample
for general information only and is not legal advice. Verify your state's leave laws.
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The form employees fill in to request leave, with leave-type checkboxes, dates, and a company-use classification section. Captures the request-form searcher too.
Leave of Absence Request Form
LEAVE OF ABSENCE REQUEST FORM
[Company Name]
Employees use this form to request a leave of absence. Submit it to [manager / HR] as
early as possible before the requested start date.
EMPLOYEE INFORMATION
Name: __ Job title: __
Department: ___ Manager: __
Date of request: _
LEAVE DETAILS
Type of leave requested:
[ ] Medical (own health condition) [ ] Family / caregiving
[ ] Parental [ ] Military (USERRA)
[ ] Jury duty [ ] Bereavement
[ ] Personal [ ] Other: _
Requested start date: _ Expected return date: _
Total days / weeks requested: _
Continuous [ ] Intermittent [ ] (describe): _
Reason (optional, as appropriate): ____
EMPLOYEE ACKNOWLEDGMENT
I confirm the information above is accurate and understand that approval depends on
company policy and applicable law, and that I may be asked for supporting documentation.
Employee signature: __ Date: _
FOR COMPANY USE
[ ] Approved [ ] Denied [ ] More information needed
DISCLAIMER: This is a sample form for general information only and is not legal advice.
Classification of leave depends on applicable federal and state law. Confirm with counsel.
Template 6: Employee Acknowledgment Form
A standalone acknowledgment employees sign at onboarding, creating a dated record that they received and understood the policy. The direct e-signature hook.
Employee Acknowledgment Form
LEAVE OF ABSENCE POLICY - EMPLOYEE ACKNOWLEDGMENT
[Company Name]
Use this form to capture each employee's signed acknowledgment of the leave of absence
policy. Signing at onboarding creates a dated record that the employee received and
understood the policy.
ACKNOWLEDGMENT
I, __ (print name), acknowledge that:
•I have received and read the [Company Name] Leave of Absence Policy.
•I understand the types of leave available, how to request leave using the Leave of
Absence Request Form, and the return-to-work expectations.
•I understand that a leave of absence is different from regular paid time off.
Employee signature: __ Date: _
FOR COMPANY USE
Provided on: _
Filed in employee record: [ ] Yes
Method: [ ] Written signature [ ] Electronic signature
NOTE: This is a sample acknowledgment for general information only and is not legal
advice.
Leave Policy for a Small Business
A large company has HR and legal teams to map every leave law to its workforce. A small business has an owner or an HR-of-one, usually copying an FMLA-based template that does not fit. Here is what matters most at that scale.
Every ranking template assumes FMLA applies, but most small businesses are exempt
This is the gap in almost every leave of absence template you will find. They are written around the federal FMLA: 12 weeks, job protection, benefit continuation. But FMLA only applies to private employers with 50 or more employees within a 75-mile radius. Most small businesses are below that line and are not covered by FMLA at all. Following an FMLA-based template can leave a small employer both over-promising leave the law does not require and, worse, missing the leaves it actually does owe. These templates fix that by leading with what a small employer's real obligations are, and by including a plain-English size guide so you can see exactly which laws apply to a business your size.
The leaves you actually owe are USERRA, jury, voting, and your state's laws, and states are expanding fast
For a business under 50 employees, the compliance floor is not FMLA. It is USERRA military leave, which applies to every employer regardless of size; jury duty and voting leave under federal and state law; and your state's paid family, medical, sick, and bereavement leave laws, several of which apply at very small sizes. This area is changing quickly: state paid-leave programs now cover a growing number of states, some apply at a single employee, and several states are dropping their job-protection thresholds toward smaller employers over the next few years. A template frozen around FMLA misses all of this. The small-business version and the size guide here are built to point you at the leaves that actually apply to you, though you still need to confirm your specific state.
A leave policy only works if it is written down, signed, and paired with a real request process
The value of a leave of absence policy is a clear, signed standard plus a repeatable way to request, approve, and record leave, so a medical or family leave does not become an improvised scramble. That means the policy, a request form, an acknowledgment on file, and a record of who is on what leave and when they return. This is the people side FirstHR supports: the policy and request form ship as an onboarding and self-service step, e-signature captures the acknowledgment, task workflows route a leave request to approval, employee profiles track leave history and eligibility, and document management stores the signed policy and leave records. To be clear about scope, FirstHR is an onboarding and HR platform, not a law firm or a leave administrator, and it does not determine your FMLA or state-law obligations, run payroll, or administer benefits or a state PFML claim, so pair it with counsel and your providers. The templates below work on their own; FirstHR is how you deliver, sign, route, and store them.
Deliver, Sign, and Track
A leave of absence policy delivers value when it fits your size, is delivered at onboarding, signed by every employee, and backed by a real request-and-approval process. That means picking the right version, getting it reviewed, sending it, collecting acknowledgments, and tracking leave when it happens.
Pick and adapt
Choose the general or small-business version, use the size guide to confirm which laws apply to you, fill in the brackets, and have US counsel review.
Deliver at onboarding
Share the policy and request form as a handbook and onboarding step, so every employee knows how leave works before they need it.
Capture acknowledgment
Collect each employee's signed acknowledgment with e-signature, creating a dated record that they received and understood the policy.
Route and store
Route leave requests to approval with task workflows, track leave in employee profiles, and store signed policies and records in document management.
The templates above work on their own. To run leave without paper, FirstHR ships the policy and request form as a handbook and self-service step, captures each employee's acknowledgment with e-signature, routes leave requests to approval with task workflows, tracks leave history in employee profiles, and stores signed policies and records with document management. Keep it aligned with your time off policy so PTO and leave work together. FirstHR is an onboarding and HR platform, not a law firm or a leave administrator, and it does not determine your FMLA or state-law obligations, run payroll, or administer benefits or a state PFML claim, so pair it with counsel and your providers. Applicant tracking is coming soon to FirstHR.
Key Takeaways
A leave of absence policy sets the rules for extended, often protected time off: medical, family, military, and personal leave, distinct from regular PTO.
The critical small-business point: FMLA applies only at 50+ employees, so most small businesses are exempt and should not build their policy around it.
The real floor below 50 is USERRA (all sizes), jury and voting leave, ADA accommodation leave at 15+, and applicable state paid-leave laws.
State paid family, sick, and bereavement leave laws increasingly reach small employers, some at a single employee, and thresholds are dropping.
Pair the policy with a leave request form and an acknowledgment, and keep it separate from your PTO policy while cross-referencing it.
These are US-first starting points, not certified compliance; verify your state's rules and have US counsel review. This is general information, not legal advice.
Frequently Asked Questions
What is a leave of absence policy?
A leave of absence policy is a written company policy that explains when and how employees can take extended time away from work, and what happens to their job, pay, and benefits while they are out. A leave of absence is an extended, often formally protected absence, such as medical, family, parental, military, or personal leave, that requires formal approval, as distinct from regular paid time off used for vacation or occasional days. A complete policy covers its purpose and scope, the types of leave available, eligibility, how to request and approve leave, pay status, benefits continuation, return-to-work and reinstatement, an anti-retaliation statement, references to the relevant laws, and a signed acknowledgment. For a small business, the most important thing a good policy does is match the leaves you actually owe at your size, rather than assuming the federal FMLA applies. This is general information, not legal advice.
What is the difference between a leave of absence and PTO?
A leave of absence and paid time off are different tools. A leave of absence is an extended absence, often for a serious or significant reason such as a medical condition, the birth or adoption of a child, military service, or a personal matter, and it frequently carries legal job protection and requires formal approval. Paid time off, or PTO, is flexible, usually accrued, paid time an employee uses for vacation, occasional sick days, or personal days, typically in smaller increments and without a special approval process beyond normal scheduling. Put simply, PTO is your regular paid days off, while a leave of absence is extended time away, sometimes unpaid and sometimes legally protected, for a bigger life event. Many employers coordinate the two, for example by allowing or requiring accrued PTO to be used during part of a leave. Keep them as separate policies that reference each other. This is general information, not legal advice.
Does a small business have to offer a leave of absence?
It depends on the leave type and your size, and the answer is more often yes than many small employers assume. Some leaves are required of every employer regardless of size, most notably military leave under USERRA, along with jury duty and voting leave under federal and state law. Reasonable-accommodation leave under the Americans with Disabilities Act applies once you have 15 or more employees. The federal FMLA, which provides 12 weeks of job-protected leave, applies only at 50 or more employees, so many small businesses are exempt from it. On top of these, a growing number of states require paid family, medical, sick, or bereavement leave, and several of those apply at very small sizes, some at a single employee. So even a very small business usually owes some form of leave. The key is to identify which laws apply at your size and in your state. This is general information, not legal advice.
Does FMLA apply to my small business?
Only if you have 50 or more employees. The federal Family and Medical Leave Act applies to private employers that have 50 or more employees within a 75-mile radius for at least 20 workweeks in the year, and to covered public agencies and schools. An employee is eligible only if they have worked for the employer for at least 12 months and at least 1,250 hours in the prior year. If your business is below 50 employees, FMLA does not apply, and you should not build your leave policy around it. Instead, focus on the leaves you do owe at your size: USERRA, jury and voting leave, ADA accommodation leave if you have 15 or more employees, and your state's paid family, sick, and bereavement leave laws. Note that some states have their own family-leave laws with lower thresholds than FMLA, so a state equivalent may apply even when the federal law does not. This is general information, not legal advice.
What types of leave should a policy cover?
A comprehensive leave of absence policy covers several categories, grouped by whether they are legally required at your size. Leaves required regardless of size include military leave under USERRA and jury duty and voting leave under federal and state law. Reasonable-accommodation leave under the ADA is required at 15 or more employees. FMLA family and medical leave is required at 50 or more employees. State paid family, medical, sick, and bereavement leave laws apply depending on your state and, increasingly, at small sizes. Beyond what the law requires, many employers also offer discretionary leaves such as personal leave, extended medical leave beyond legal minimums, and educational leave. A good policy names the categories that apply to your business, sets eligibility and duration for each, and explains the request, approval, pay, benefits, and return-to-work rules. This is general information, not legal advice.
Is a leave of absence paid or unpaid?
It depends on the type of leave and applicable law, and a leave can be partly paid and partly unpaid. Federal FMLA leave is unpaid, though employers can require or allow accrued PTO to be used during it. Many state paid family and medical leave programs now provide wage replacement for qualifying leave, funded through payroll contributions, so the same leave that is unpaid under FMLA may be partially paid under a state program. Discretionary leaves that an employer offers voluntarily, such as personal leave, may be paid or unpaid at the employer's choice. Your policy should state clearly, for each leave type, whether it is paid or unpaid, whether and how accrued PTO interacts with it, and whether any state wage-replacement program may apply. Because this varies by state and changes as new state programs take effect, confirm the current rules for your location. This is general information, not legal advice.
Do I have to hold an employee's job during a leave of absence?
For legally protected leave, generally yes; for discretionary leave, it depends on your policy. When leave is protected by a statute such as the FMLA, USERRA, the ADA, or a state paid-leave law with job protection, the employer must reinstate the employee to the same or an equivalent position at the end of the protected leave, subject to the specific rules and limited exceptions in each law. For discretionary leave that you offer beyond what the law requires, you set the reinstatement terms in your policy, though you should apply them consistently to avoid discrimination claims. It is worth noting that state job-protection rules are expanding: some states are lowering the employer-size thresholds at which job restoration applies, so protection may reach smaller employers over the next few years. Your policy should state your reinstatement approach and reference the applicable laws. This is general information, not legal advice.
What should be in a leave of absence request form?
A leave of absence request form should capture the information you need to classify and act on the request. That includes the employee's name, job title, department, and manager; the type of leave requested, with checkboxes for categories like medical, family, parental, military, jury duty, bereavement, and personal; the requested start date and expected return date; the total time requested and whether it is continuous or intermittent; and space for an optional reason and the employee's signature. A company-use section then records the decision, the legal classification of the leave, the pay status and any PTO applied, benefits during leave, and the approver and date. Pairing a clear request form with your policy turns leave into a repeatable process rather than an improvised one, and creates the documentation you may need later. The request form on this page includes each of these sections. This is general information, not legal advice.
