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Free Leave of Absence Approval Letter From Employer

Free leave of absence approval letter templates: personal, medical, FMLA, military, parental, and short-term, with FMLA and benefit notes. DOCX, no signup.

Nick Anisimov

Nick Anisimov

FirstHR Founder

General
15 min

Leave of Absence Approval Letter From Employer

Six free leave of absence approval letter templates for US small business, sent from employer to employee: personal, medical (non-FMLA), FMLA (referencing Form WH-382), military (USERRA), parental, and a combined bereavement and jury duty letter. Built for under-50-employee firms with the FMLA and benefits guidance generic templates skip. Download as DOCX. No signup.

A leave of absence approval letter is the document an employer sends to an employee to confirm a requested leave and lock in its terms. It is written from the employer to the employee, and its job is to leave nothing ambiguous: the dates, whether the leave is paid, what happens to health insurance, and whether the job will be there on return. For a small business, that clarity is the whole point, because a vague or verbal approval is where disputes start.

There are six templates here: a personal leave letter, a medical non-FMLA letter, an FMLA letter that references the official Form WH-382, a military USERRA letter, a parental leave letter, and a combined bereavement and jury duty letter. Each downloads as an editable Word document, free and without an email, with the pay, benefits, and return sections built in. Because approving leave sits next to your leave rules, this pairs with your leave of absence policy and your time off policy.

TL;DR
A leave of absence approval letter is sent from employer to employee to confirm approved leave and its terms: dates, pay, benefits, and job status on return. Download six free templates as DOCX: personal, medical (non-FMLA), FMLA (referencing Form WH-382), military, parental, and short-term. The parts generic templates skip: the FMLA 50-employee threshold, the five-business-day designation deadline, and the benefits-continuation clause. This is general information, not legal advice.

What This Letter Is

A leave of absence approval letter is written confirmation, from the employer to the employee, that a requested leave is approved, along with its terms. It is an employer-side document: the output an owner or HR manager produces in response to a leave request.

Its value is clarity and record. A good letter states the leave type, the dates, the pay and benefits treatment, and the return status, so the employee knows exactly what was agreed and the business has it documented. What goes in the letter depends heavily on the leave type, since an FMLA designation carries legal requirements a discretionary personal leave does not.

Most Small Businesses Are Below the FMLA Line
The FMLA covers private employers with 50 or more employees, and eligibility also requires 1,250 hours and a worksite with 50 employees within 75 miles (DOL Fact Sheet #28). Many small businesses fall below it, which is why discretionary personal and medical letters matter most for them. This is general information, not legal advice.

Leave Types and When Each Applies

The right letter depends on the type of leave, and the biggest divide is whether the leave is legally protected, like FMLA or USERRA, or discretionary, like extended personal leave. Protected leave carries requirements; discretionary leave is governed by your policy.

Leave typeProtected?Key point
PersonalDiscretionaryGoverned by company policy; most common at small firms
Medical (non-FMLA)Depends / ADA may applyDocumentation and return-to-work; possible accommodation
FMLAYes, if coveredDesignation on Form WH-382 within five business days
Military (USERRA)YesReemployment rights after qualifying service
Parental / maternitySometimesMay run with FMLA or state paid family leave
Bereavement / jury dutyVaries by stateUsually a brief approval

For a company below the FMLA threshold, most leave is discretionary, which makes the personal and medical templates the workhorses. Covered employers reach for the FMLA template and its specific requirements. The templates below give you each as its own ready-to-send letter.

What the Letter Should Include

A strong approval letter covers four groups: the basics, the dates, the pay and benefits, and the return and contact terms. The groups below are the consensus structure the best employer letters share.

The basics
Date, letterhead, and sender
Employee name and title
Explicit approval statement
The dates
Start and expected return
Total duration
Fixed or open-ended option
Pay and benefits
Paid or unpaid status
PTO run concurrently or not
Benefits and premium continuation
Return and contact
Job-protection or return status
Check-in expectations
Contact person and signature

The section small employers most often get wrong is benefits continuation: whether health coverage continues during unpaid leave and who pays the premium. Every template here includes a plain-language benefits section, plus honest job-status language rather than an overpromise.

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Which Template Should You Use?

Match the letter to the leave. Personal for discretionary time off, medical for a non-FMLA health leave, FMLA if you are covered and the leave qualifies, military for USERRA, parental for a new child, and the short-term letter for bereavement or jury duty.

Personal Leave
The small-business default
The flagship for a small business: a discretionary personal leave approval with pay, benefits-continuation, and job-status language spelled out. The version most under-50-employee firms need, since it is not covered by the FMLA.
Medical (Non-FMLA)
Under the threshold
A medical leave approval for when the FMLA does not apply, tied to documentation, return-to-work clearance, and a note about possible ADA accommodation. For the small employer handling a health leave on its own terms.
FMLA Leave
References WH-382
An FMLA designation letter that mirrors the required content and points to the official DOL Form WH-382, with the five-business-day deadline, the 12-week entitlement, and job-restoration language built in.
Military (USERRA)
Service members
A military leave approval consistent with USERRA, covering the service dates, benefits, and the reemployment rights a returning service member is entitled to.
Parental / Maternity
New parents
A parental leave approval for birth, adoption, or foster placement, noting where it may run concurrently with FMLA leave or state paid family leave, with pay and return terms.
Bereavement and Jury Duty
Short-term
A combined short-leave approval for bereavement and jury duty, with the brief dates, pay status, and documentation each one needs.
Below 50 Employees? Start With Personal and Medical
If your company is under the FMLA's 50-employee threshold, the Personal and Medical (non-FMLA) letters are the ones you will use most, since your leaves are discretionary and governed by your own policy. Use the FMLA letter only if you are a covered employer and the leave qualifies, in which case follow the five-business-day rule and the WH-382 content. Reach for the Military, Parental, or short-term letters as those situations arise. Whichever you use, be clear and honest about pay, benefits, and whether the job is held. This is general information, not legal advice.

6 Free Approval Letter Templates

Download all six as a single set or grab individual templates. Each downloads as an editable DOCX with the sections, fill-in fields, and the right pay, benefits, and return language for that leave type, free and with no signup. Fill in the employee, dates, and terms, and it is ready to send.

Download All 6 Leave Approval Letter Templates
Personal, medical (non-FMLA), FMLA, military (USERRA), parental, and a combined bereavement and jury duty letter. All as DOCX files in one download.

Template 1: Personal Leave Approval Letter

The flagship for a small business: a discretionary personal leave approval with pay, benefits-continuation, and honest job-status language. The version most under-50-employee firms need, since it is not covered by the FMLA.

Personal Leave of Absence Approval Letter
[COMPANY LETTERHEAD]
[Date]
[Employee Name]
[Employee Title], [Department]
RE: Approval of Your Leave of Absence Request
Dear [Employee Name],
I am writing to confirm that your request for a personal leave of absence has been
approved. This letter sets out the details and terms of your approved leave.

LEAVE DETAILS

Type of leave: Personal (non-medical)
Start date: _
Expected return date: _
Total duration: [number] weeks

PAY AND BENEFITS

Pay status: [ ] Unpaid [ ] Paid using accrued PTO [ ] Partially paid
Accrued PTO: [ ] Will run concurrently [ ] Will not be used
Benefits and insurance: Your group health coverage [will continue during your leave /
will continue if you pay your share of premiums]. During unpaid leave, please arrange
premium payment of [amount] by [method and date] to keep coverage active.
PTO and seniority accrual: [continues / pauses] during your leave.

RETURN AND CONTACT

Job status on return: [We will hold your current position / We will return you to your
position or a comparable one, subject to business needs.] Note that this personal leave
is not FMLA leave, so statutory job protection does not apply unless a separate law
covers your situation.
Please check in with [contact name] approximately [every two weeks] during your leave,
and confirm your return date at least [one week] beforehand. For any questions, contact
[name, title, phone, email].
We wish you well during your time away.
Sincerely,
__
[Approving Manager or HR], [Title]

Employee acknowledgment (optional):
Signature: __ Date: _

DISCLAIMER: This is a sample template for general information only and is not legal
advice. Personal leave is discretionary and its terms are set by company policy. Have a
qualified professional review before use.

Template 2: Medical (Non-FMLA) Approval Letter

A medical leave approval for when the FMLA does not apply, tied to documentation, return-to-work clearance, and a note about possible ADA accommodation. For the small employer handling a health leave on its own terms.

Medical Leave (Non-FMLA) Approval Letter
[COMPANY LETTERHEAD]
[Date]
[Employee Name]
[Employee Title], [Department]
RE: Approval of Your Medical Leave of Absence
Dear [Employee Name],
Your request for a medical leave of absence has been approved. Because [our company is
not covered by the FMLA / you are not currently FMLA-eligible], this leave is provided
under company policy rather than the FMLA. The details are below.

LEAVE DETAILS

Type of leave: Medical (non-FMLA)
Start date: _
Expected return date: _ (or upon medical clearance)
Total duration: [number] weeks, subject to medical documentation

DOCUMENTATION AND RETURN TO WORK

We may request reasonable documentation from your health care provider supporting the
need for and duration of leave. Before returning, please provide a fitness-for-duty or
return-to-work note if requested. If your condition may qualify as a disability, we are
open to discussing a reasonable accommodation under the ADA.

PAY, BENEFITS, AND RETURN

Pay status: [ ] Unpaid [ ] Paid using accrued sick/PTO
Benefits and insurance: Group health coverage [continues / continues if you pay your
premium share of [amount] by [date]].
Job status on return: [We will hold your position / We will make reasonable efforts to
return you to your position or a comparable one, subject to business needs.]
Please stay in contact with [name] and confirm your return date and any medical
clearance at least [one week] in advance. Questions: [name, title, phone, email].
Sincerely,
__
[Approving Manager or HR], [Title]

DISCLAIMER: This is a sample template for general information only and is not legal
advice. Medical leave may intersect with the ADA and state leave laws. Have a qualified
professional review before use.
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Template 3: FMLA Leave Approval Letter

An FMLA designation letter that mirrors the required content and points to the official DOL Form WH-382, with the five-business-day deadline, the 12-week entitlement, and job-restoration language built in.

FMLA Leave Approval Letter (references WH-382)
[COMPANY LETTERHEAD]
[Date]
[Employee Name]
[Employee Title], [Department]
RE: Designation of Your Leave as FMLA-Qualifying
Dear [Employee Name],
We have reviewed the information related to your need for leave under the Family and
Medical Leave Act (FMLA) and have determined that your leave request is APPROVED and
will be designated as FMLA leave.
IMPORTANT: For FMLA leave, the formal designation is made on the U.S. Department of Labor
Designation Notice, Form WH-382. Employers may use their own letter if it provides the
same required information. Use this letter alongside, or in place of, a completed
WH-382, and provide it within five business days of having enough information to
determine that the leave is FMLA-qualifying.

LEAVE DETAILS

FMLA-qualifying reason: [your own serious health condition / to care for a family member
/ birth or placement of a child / qualifying exigency]
Start date: _
Amount counted against your 12-week FMLA entitlement: [hours/days/weeks]
Expected return date: _

PAY, PTO, AND BENEFITS

Paid or unpaid: FMLA leave is unpaid, but [you have chosen to / we require you to]
substitute accrued paid leave, which will run concurrently with FMLA leave.
Group health coverage: continues during FMLA leave on the same terms; please continue
paying your share of premiums of [amount] by [method].

RETURN TO WORK AND JOB RESTORATION

On return from FMLA leave, you are entitled to be restored to your original job or an
equivalent one. [ ] You will be required to provide a fitness-for-duty certification
before returning, as noted here.
Please contact [name, title, phone, email] with any questions.
Sincerely,
__
[Approving Manager or HR], [Title]

DISCLAIMER: This is a sample template for general information only and is not legal
advice. FMLA designation carries specific federal requirements, including the five
business day deadline and the content of the Designation Notice. Use the official Form
WH-382 and have a qualified professional review before use.

Template 4: Military (USERRA) Approval Letter

A military leave approval consistent with USERRA, covering the service dates, benefits, and the reemployment rights a returning service member is entitled to.

Military Leave (USERRA) Approval Letter
[COMPANY LETTERHEAD]
[Date]
[Employee Name]
[Employee Title], [Department]
RE: Approval of Your Military Leave of Absence
Dear [Employee Name],
Your request for military leave of absence for [training / active duty / deployment] has
been approved. This leave is provided consistent with the Uniformed Services Employment
and Reemployment Rights Act (USERRA) and company policy.

LEAVE DETAILS

Type of leave: Military (USERRA)
Start date: _
Expected duration: [as reflected in your service orders]
Expected return: [per USERRA reemployment timelines after service ends]

PAY, BENEFITS, AND REEMPLOYMENT

Pay status: [ ] Unpaid [ ] Paid or supplemented per company policy
Benefits: Your rights to continued or reinstated health coverage and other benefits are
provided in accordance with USERRA and our benefits plan.
Reemployment: Upon timely return from qualifying service, you have USERRA reemployment
rights, generally to the position you would have attained had you not been absent, with
the same seniority, status, and pay, subject to USERRA's rules.
Please keep [name] informed of your service dates and provide a copy of your orders where
possible. Questions: [name, title, phone, email].
Thank you for your service.
Sincerely,
__
[Approving Manager or HR], [Title]

DISCLAIMER: This is a sample template for general information only and is not legal
advice. USERRA has specific reemployment and notice rules. Have a qualified professional
review before use.

Template 5: Parental / Maternity Approval Letter

A parental leave approval for birth, adoption, or foster placement, noting where it may run concurrently with FMLA leave or state paid family leave, with pay and return terms.

Parental / Maternity Leave Approval Letter
[COMPANY LETTERHEAD]
[Date]
[Employee Name]
[Employee Title], [Department]
RE: Approval of Your Parental Leave of Absence
Dear [Employee Name],
Congratulations. Your request for parental leave for the [birth / adoption / foster
placement] of your child has been approved. The details of your approved leave are below.

LEAVE DETAILS

Type of leave: Parental / maternity / bonding
Start date: _
Expected return date: _
Total duration: [number] weeks
Note: If our company and your situation are covered by the FMLA, some or all of this
leave may run concurrently with FMLA leave and be designated accordingly. State paid
family leave may also apply.

PAY, BENEFITS, AND RETURN

Pay status: [ ] Unpaid [ ] Paid per company parental leave policy [ ] Supplemented by
state paid family leave, if applicable [ ] Accrued PTO applied
Benefits and insurance: Group health coverage [continues / continues with your premium
share of [amount]].
Job status on return: [We will hold your position / restore you to your position or a
comparable one] on your return.
Please confirm your return date with [name] at least [two weeks] in advance. Questions:
[name, title, phone, email].
We look forward to welcoming you back.
Sincerely,
__
[Approving Manager or HR], [Title]

DISCLAIMER: This is a sample template for general information only and is not legal
advice. Parental leave may involve the FMLA and state paid family leave laws. Have a
qualified professional review before use.

Template 6: Bereavement and Jury Duty Approval Letter

A combined short-leave approval for bereavement and jury duty, with the brief dates, pay status, and documentation each one needs.

Bereavement and Jury Duty Approval Letter
[COMPANY LETTERHEAD]
[Date]
[Employee Name]
[Employee Title], [Department]
RE: Approval of Your Short-Term Leave
Dear [Employee Name],
Your request for [bereavement leave / jury duty leave] has been approved. This is a brief
approval confirming the dates and terms.

FOR BEREAVEMENT LEAVE

We are sorry for your loss. Your bereavement leave is approved as follows:
Dates: _ to _
Duration: [number] days
Pay status: [ ] Paid per company bereavement policy [ ] Unpaid [ ] PTO applied
Please let [name] know if you need additional time.

FOR JURY DUTY LEAVE

Your jury duty leave is approved for the period of your service:
Start date: _
Expected duration: [as directed by the court]
Pay status: [ ] Paid per company policy / applicable law [ ] Unpaid
Please provide a copy of your jury summons and, afterward, proof of service. You will be
returned to your position on completion of your service.

CONTACT

For any questions, contact [name, title, phone, email].
Sincerely,
__
[Approving Manager or HR], [Title]

DISCLAIMER: This is a sample template for general information only and is not legal
advice. Jury duty leave protections and pay rules vary by state. Have a qualified
professional review before use.

How to Write the Letter

Writing the letter from a template takes minutes. Here is the sequence the templates are built around.

1
Confirm the leave type
Identify whether the leave is personal, medical, FMLA, military, parental, or short-term, since the type drives the content and the legal requirements.
2
State the approval and dates
Open with an explicit approval statement, then give the start date, expected return date, and total duration, fixed or open-ended.
3
Set pay and benefits
State whether the leave is paid or unpaid, whether accrued PTO runs concurrently, and exactly what happens to benefits and premiums.
4
Address job status and contact
Describe the job-protection or return status honestly, set check-in expectations for a long leave, and name a contact person.
5
Send on time and file it
Deliver promptly, and within five business days for FMLA-qualifying leave, then keep the signed letter with the employee record.

The Legal Details Templates Skip

Most approval-letter templates are generic and skip the parts that actually carry legal weight. Four points separate a letter that protects a small business from one that quietly creates problems.

The FMLA 50-employee threshold: most small businesses are below it
The FMLA covers private employers with 50 or more employees in 20 or more workweeks, and an employee is eligible only if they have worked 12 months, logged at least 1,250 hours in the prior year, and work at a site with 50 or more employees within 75 miles. Many small businesses sit below that line, which changes everything about their leave letters: when the FMLA does not apply, there is no statutory job protection or designation deadline, and leave is granted at the employer's discretion under company policy. That is exactly why the personal and medical non-FMLA templates matter most for a 5-to-50-person company. Know which side of the threshold you are on before you write the letter. This is general information, not legal advice.
FMLA designation: the five-business-day deadline
If you are a covered employer and the leave is FMLA-qualifying, the approval is not just a courtesy letter, it is a legal designation with a deadline. The Department of Labor requires the employer to notify the employee whether leave is designated as FMLA within five business days of having enough information to decide. The formal vehicle is the DOL Designation Notice, Form WH-382, and a fully completed form provides the information required by federal regulation. You may use your own letter instead, but only if it contains the same required information. The FMLA template here mirrors that content and points to the official form, so a covered employer can meet the requirement without deciphering the raw federal PDF. This is general information, not legal advice.
Benefits continuation: the part that trips up small employers
The single trickiest part of a leave letter, especially for a company without a benefits administrator, is spelling out what happens to health insurance during unpaid leave: whether coverage continues, who pays the premium share, how and by when the employee pays it, and what happens if they do not. Under the FMLA, group health coverage continues on the same terms during leave, with the employee still responsible for their share. For non-FMLA leave, the terms are whatever your policy and plan say, so state them plainly in the letter rather than leaving them vague. Every template here has a benefits-continuation section built for exactly this. This is general information, not legal advice.
Job protection is not automatic outside the FMLA
It is easy to imply, in a friendly approval letter, that an employee's exact job will be waiting, but outside the FMLA and similar laws there is often no statutory duty to hold a specific position, particularly for discretionary personal leave. Being candid about this in the letter protects both sides: for FMLA leave, promise the job restoration the law requires; for discretionary leave, describe what you can actually commit to, such as returning the employee to their role or a comparable one subject to business needs. Overpromising job protection you are not legally bound to provide can create expectations, and disputes, you did not intend. This is general information, not legal advice.
FMLA Designation Has a Five-Business-Day Deadline
For a covered employer, FMLA-qualifying leave must be designated within five business days of having enough information, using the DOL Form WH-382 or your own letter with the same required content. This is a legal requirement, not a courtesy. This is general information, not legal advice.

The through-line is that an approval letter is a friendly document with real legal weight underneath it. For the full rules on the underlying leave, the DOL FMLA resources are the authoritative source, and the FMLA meaning guide explains the basics in plain language. Because these letters implement your leave rules, the leave of absence policy is where those rules should live.

Approving Leave at a Small Business

A large company processes leave through an HR team and a benefits administrator who know the FMLA, the ADA, and the state rules cold. A small business has an owner or a manager approving leave directly, often for the first time, and the honest mistakes cluster in two places: overpromising job protection that is not legally required, and leaving benefits continuation vague. The templates are built to prevent both.

Be Specific About Benefits and Honest About the Job
The two things worth getting right on a small-business leave letter are the benefits-continuation clause and the job-status language. For benefits, state plainly whether coverage continues, who pays the premium share, and by when, rather than leaving it to be figured out later. For the job, promise the restoration the law requires for protected leave, but for discretionary leave, commit only to what you can actually deliver, such as the same or a comparable role subject to business needs. Clear beats generous-but-vague every time. This is general information, not legal advice.

The single most valuable habit is sending a written approval for every leave, even a short one, and keeping it on file. A consistent, documented approval protects the employee and the business far better than a verbal yes that no one wrote down.

Send, Sign, and Store

An approval letter does its job when the type is right, the terms are complete, it goes out on time, and the signed copy is kept. That means confirming the leave type, filling in the terms, sending it promptly, and filing it with the employee record.

Confirm the leave type
Identify whether the leave is personal, medical, FMLA, military, parental, or short-term, since the type drives the letter and the legal requirements.
Fill in the terms
Complete the dates, pay status, benefits continuation, and return terms, and, for FMLA, the amount counted against the 12-week entitlement.
Send it on time
Deliver the letter promptly, and for FMLA-qualifying leave, within five business days of having enough information to designate it.
Keep the record
Save the signed approval letter with the employee record, alongside any certification, so the leave and its terms are documented.

The templates above work on their own. To handle leave without the paperwork scattering, FirstHR stores the leave request and the signed approval against the employee profile, captures the acknowledgment with e-signature the same way it handles the employee handbook, and keeps the record retrievable alongside your leave policy. FirstHR is an onboarding and HR platform, not a law firm or a benefits administrator: it does not determine FMLA eligibility, run your health plan, or provide legal advice, so pair it with a qualified professional for the designation and accommodation calls. Applicant tracking is coming soon to FirstHR.

Key Takeaways
A leave of absence approval letter is sent from employer to employee to confirm approved leave and its terms: dates, pay, benefits, and return status.
The letter's content depends on the leave type; a legally protected leave like FMLA or USERRA carries requirements that discretionary personal leave does not.
Most small businesses are below the FMLA 50-employee threshold, which makes the discretionary personal and medical templates the most useful.
For covered employers, FMLA leave must be designated within five business days using Form WH-382 or an equivalent letter with the same content.
Spell out benefits continuation plainly and describe job protection honestly rather than overpromising what the law does not require.
Send a written approval for every leave and keep the signed copy on file. This is general information, not legal advice.

Frequently Asked Questions

What is a leave of absence approval letter from an employer?

A leave of absence approval letter is a document an employer sends to an employee to confirm that a requested leave has been approved and to set out its terms. It is written from the employer to the employee, and it states the type of leave, the start and expected return dates, whether the leave is paid or unpaid, what happens to benefits and PTO, and the employee's job status on return. For a small business, it does two jobs: it gives the employee clear written confirmation they can rely on, and it documents the terms so there is no dispute later about what was agreed. The specific content depends on the type of leave, since an FMLA designation carries legal requirements that a discretionary personal leave does not. This is general information, not legal advice.

What should a leave approval letter include?

A complete approval letter includes the date and company letterhead, the employee's name and title, and an explicit statement that the leave is approved. It then covers the leave dates, meaning the start date and the expected return date, and the total duration, with the option of a fixed date or an open-ended return for uncertain situations. It states the reason or type of leave, the pay status of paid or unpaid and whether accrued PTO runs concurrently, and, importantly, what happens to benefits and health insurance during the leave, including who pays premiums. It should address PTO and seniority accrual, the employee's job status on return, any required check-ins during a long leave, and a contact person for questions, ending with a signature and an optional employee acknowledgment line. The templates here are built around exactly these sections. This is general information, not legal advice.

Is an FMLA approval letter the same as Form WH-382?

They serve the same purpose, and for a covered employer the formal FMLA approval is legally the Designation Notice, Department of Labor Form WH-382. That form is where the employer tells the employee that their leave is approved and designated as FMLA leave, how much time counts against their 12-week entitlement, whether paid leave runs concurrently, and whether a fitness-for-duty certification is required to return. The Department of Labor allows employers to use their own letter instead of the official form, but only if it provides the same required information. So a company can send its own FMLA approval letter, as long as it mirrors the WH-382 content, and it is common to reference or attach the official form. The FMLA template on this page is built to mirror that required content and points to the official WH-382. This is general information, not legal advice.

Does my small business have to follow the FMLA?

Only if you meet the coverage threshold. The FMLA applies to private employers with 50 or more employees in 20 or more workweeks in the current or previous year, and an employee is eligible only if they have worked for you for at least 12 months, logged at least 1,250 hours in the prior 12 months, and work at a location where you have at least 50 employees within 75 miles. Many small businesses fall below this threshold and are not covered by the FMLA at all. If that is you, there is no federal requirement to provide FMLA leave, no statutory designation deadline, and no federal job-protection mandate for these leaves, which means your leave letters are governed by your own company policy and any applicable state law. That is why the personal and medical non-FMLA templates are the most useful ones for a smaller employer. This is general information, not legal advice.

How fast do I have to send an FMLA approval letter?

If you are a covered employer and the leave qualifies, the Department of Labor requires you to notify the employee whether the leave is designated as FMLA within five business days of having enough information to make that determination, absent extenuating circumstances. This is a real deadline, not a suggestion, and it is one of the things that makes an FMLA designation different from a discretionary approval letter you can send at your own pace. The designation is normally made on Form WH-382 or your own equivalent letter, and it must state how much leave counts against the employee's entitlement and any conditions such as a fitness-for-duty certification. For non-FMLA leave, there is no federal deadline, though sending the approval promptly is good practice so the employee can plan. This is general information, not legal advice.

What happens to benefits during a leave of absence?

It depends on the type of leave and your plan. Under the FMLA, an employer must maintain the employee's group health coverage during leave on the same terms as if they were working, with the employee still responsible for paying their share of the premium. For non-FMLA leave, whether coverage continues and who pays is governed by your company policy and the terms of your benefits plan, so it needs to be stated clearly in the approval letter rather than assumed. The practical points to spell out are whether coverage continues, the amount of any premium the employee must pay, how and by when they pay it, and what happens to coverage if they do not. This benefits-continuation piece is the part small employers most often get wrong or leave vague, so every template here includes a section for it. This is general information, not legal advice.

Can an employer deny a leave of absence request?

It depends on whether the leave is legally protected. For FMLA-qualifying leave at a covered employer, an eligible employee is entitled to the leave and it generally cannot be denied. The same is true for other legally protected leaves, such as USERRA military leave or leave required by a state law. For discretionary leave that is not legally protected, such as an extended personal leave, the employer generally can approve, deny, or set conditions based on company policy and business needs, as long as it applies its policy consistently and does not discriminate or retaliate. When an employer does grant discretionary leave, the approval letter should be clear about the terms and any limits, so both sides understand what was agreed. When a leave might be protected, it is worth confirming before denying it. This is general information, not legal advice.

Can a small business write these letters without a lawyer?

Yes, for the common cases. A small business can use these templates to approve most routine leaves, personal, short-term, and straightforward parental or medical leave, by filling in the dates, pay, benefits, and return terms, without hiring a lawyer to draft each letter. The templates cover the standard sections and, for FMLA, mirror the required content and point to the official form. The point to bring in a professional is narrower: when leave is FMLA-qualifying and you are a covered employer facing the designation requirements, when a medical leave raises an ADA accommodation question, when USERRA reemployment rights are involved, or when state paid family leave interacts with your policy. Start with the template for the routine approval, and get advice for those specific higher-stakes situations. This is general information, not legal advice.

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