As a worker in the U.S, what types of leaves am I entitled to? Is my boss obliged to pay me for certain days off? What laws should I know about? And do these rules apply to all companies, regardless of size or location?
Take a deep breath & rest assured because…
Today, we tell you everything you need to know about a leave of absence. Whether you are seriously ill, moving to a new city, or mourning the death of a close family member, a temporary leave from work allows you to cope with extraordinary life situations, without the fear of losing your job.
What’s a Leave of Absence?
A leave of absence covers several types of leaves. These may be paid or unpaid, voluntary or mandatory, depending on your local laws and company policy. We circle back to the nuances later on!
Let’s start by finding out what the feds have to say. In the U.S., the Family and Medical Leave Act requires employers in all states to give 12 weeks of unpaid, job-protected leave if you are:
- Pregnant
- Experiencing the birth of a baby
- Adopting a new child
- Caring for an ill family member
- Going through serious health conditions
- Called for active duty or military service
Does FMLA Apply to All Companies?
No! FMLA only applies to companies with 50 or more employees working within a 75-mile radius of the worksite.
That said, the FMLA applies to all public agencies (federal, state and local governments), regardless of their size. It also applies to public school boards and public, as well as private, elementary and secondary schools.
Do I Qualify for Leave under FMLA?
If you want to apply for an FMLA leave, you must have completed 20 or more work weeks with the employer during the current or past calendar year.
Your working time does not need to be consecutive for you to qualify, as long as you complete 1250 hours for your employer over the last 12 months.
If you do qualify under FMLA, this means your job is protected until you come back from leave, and your group health benefits must be maintained during this time under the same terms as when you were working. Note that you aren’t obligated to take the full 12 weeks off at one time.
Are Leaves under FMLA paid?
No. FMLA leaves are generally unpaid. Your company is only required to pay you if you have available paid time off or sick time and you choose to use it, or if there’s a policy that requires the use of paid time off prior to leaves progressing as unpaid.
Non-FMLA Leaves
But even if you don’t qualify under FMLA, don’t lose hope, you may still be entitled to leave under other federal laws, such as:
| Law | Reason for Leave | Compensation | Duration |
|---|---|---|---|
| Americans with Disabilities Act | To accommodate physical or mental disability | May be paid or unpaid, depending on local laws and company policies. | No specific time limit. The reasonableness test applies |
| USERRA Note: Unlike FMLA, USERRA applies to all employers, regardless of size. | To cater to voluntary and involuntary military service | Unpaid under federal law. But some employers offer paid military leave voluntarily or because they have to under state laws. Employees are, however, allowed to continue enjoying existing health insurance for up to 24 months. | Up to 5 years (exceptions in cases of wartime or involuntary recall) An extended 26-week leave is available to care for an injured service member. |
| Pregnant Workers Fairness Act Applies to private and public sector employers with 15 or more employees. | To provide reasonable accommodations for pregnancy, childbirth, or related conditions. Noting that the FMLA already allows for unpaid leave for prenatal care, pregnancy incapacity, childbirth, or bonding with a newborn. However, the PWFA takes it a step forward by allowing for adjustments to the job itself. | Generally unpaid. As under ADA, employers are required to provide “reasonable accommodations’’ (even those not rising to ADA “disability” level) – unless doing so would impose an undue hardship on the business. | No fixed duration Must be reasonable and based on an assessment of medical needs |
| Fair Labor Standards Act Note: Under the Federal law (28 U.S.C. §1875), or the Jury System Improvement Act, it is illegal for employers to discharge, threaten, intimidate, or coerce an employee because of their service on a jury in any U.S. court. | To attend jury duty service | The FLSA does not require any payment for time not worked, including jury duty. All states must provide some form of job-protected leave for jury duty, but whether or not this is paid depends on which state you are in. Paid jury duty leave is only available in some states, such as New York, Colorado, Alabama, and Connecticut. | No set duration, as the number of days or hours an employee can attend jury duty varies depending on the jurisdiction and the length of the trial |
Leave of absence to vote
You can also apply for a leave of absence if you want to vote. The government requires companies to give you leave so you can cast your ballots. How long you can be away from work, and whether you are paid for those hours, depends on your local state laws and company policies.
Leave of absence to attend a court hearing
The same is true if you are ever called as a witness in a court of law, and in case of all other government-enforced leave scenarios, such as public lockdowns.
Non-Official Grounds for a Leave of Absence
Beyond these more official grounds of a leave of absence, there are other perfectly good reasons why you can apply for a LoA, such as moving into a new home, pursuing higher education, or going through a big life change, such as divorce or separation.
That said, your employer is under no legal obligation to cater to these situations. Whether they do is a matter of company policy or up to the discretion of your management. Refer to your employee handbooks if you are looking for specific voluntary leave guidelines, including who does and doesn’t qualify. Or take up your queries with HR.
What about paid time off?
No federal law requires employers to give workers paid time off, at least not categorically. For example, the Fair Labour Standards Act (FLSA) does not require vacation, holiday, severance, or sick pay. However, in practice, employers do offer paid vacation time to their workers. This is decided in line with your company’s HR rules & employee policies.
Do I get paid during the holidays?
Private sector employees are NOT entitled to paid time off on federal holidays like New Year’s Eve or Independence Day. Only federal government employees are. Private employers do not have to give employees paid (or even unpaid) time off during these holidays. Whether they still do is entirely up to company policy and relevant state laws.
If the work done during holidays exceeds 40 hours, your employer is required to pay you overtime at 1.5x, but that’s because they are obliged by overtime rules under the FLSA, not because it’s a holiday.
Do mental health leaves exist in the U.S.?
While there is no federal law recognizing a mental health leave, in case of severe mental health conditions (such as depression or PTSD), you may be able to use your condition as a ground to qualify for leave under either the FMLA or the ADA, or as a general sick leave under your company policies (see table above).
What to do if I am sick but not eligible for FMLA?
Most states allow you to accrue sick leave based on hours worked. That said, state laws vary in terms of eligibility, accrual rates, usage limits, and employer exemptions.
What employee threshold is applicable? What portion of your time off must be legally paid? You will need to confirm these details with a lawyer or take up your queries with HR.
As of 2025, 20 states, along with Washington, D.C., require employers to give paid sick leave to employees, even if they don’t qualify under FMLA.
Let’s explore some of these laws:
- California: As of latest changes in the law, employers must provide 1 hour of paid sick leave for every 30 hours worked, with a maximum of 5 days (40 hours) per year.
- New York: Private employers with 5 or more employees or a net income of more than $1 million must provide 1 hour of earned sick leave for every 30 hours worked, with varying maximums based on employer size.
- Maryland: Employers with 15 or more employees must provide 1 hour of paid leave for every 30 hours worked, up to 64 hours per year. Employees with fewer than 15 workers are only required to give unpaid leave.
- Oregon: Employers with 10 or more employees must provide 1 hour of sick time for every 30 hours worked, up to 40 hours per year. This sick time off must be paid.
Other Recent Developments
Here are some exciting legal developments you might be interested in…
- Did you know, with the enactment of the Paid Leave for All Workers Act, Illinois became one of the first states in the US. with a general PTO mandate? This law allows for 40 hours of paid leave usable for any reason.
- In other news, the Michigan Supreme Court recently reinstated a previously blocked Earned Sick Time Act. As a result, from February 2025 onward, Michigan will require up to 72 hours of earned sick leave for all employers! (With only some distinctions for small businesses).
- At the federal level, one major development for pregnant employees is the new PUMP (Providing Urgent Maternal Protections) Act, which amended the FLSA in December 2022. The new law requires employers to provide reasonable break time and a private, non-bathroom space for employees to pump breast milk for one year after the child’s birth.
Mandatory Vs Voluntary Leaves of Absence
Voluntary leaves of absence are initiated by the employee, usually for personal reasons, like caring for a sick family member or going on a sabbatical. These leaves may be paid or unpaid, depending on company policy and applicable laws.
On the other hand, a mandatory leave of absence is initiated by the employee, often as a result of a situation that may require disciplinary action. Such leaves are mostly unpaid, and may lead to job termination depending on the outcome of the leave or your employer’s needs.
What’s Next?
Once submitted, your supervisor approves or denies your request. Make sure your application is treated in a fair, transparent and non-discriminatory way. If you think your manager is violating your contractual rights, or discriminating against you on account of your gender, race or religion, you have the right to take up the matter with the internal disciplinary committee or, if need be, before a court of law.
Always ask for confirmation and approval of your leave of absence in writing. Doing this protects you in case of any disputes later on about dates, eligibility, or return-to-work conditions. Also, maintain necessary contact with your employees to let them know if your return dates change.
How Do I Apply for a Leave of Absence?
The first thing you should do is check your employee handbook for leave policies. Once you understand what different types of leaves are available to you, you need to notify your employee which one you are applying for.
Whenever possible, give as much prior notice as possible. This way, you can clear out any confusion about applicable leave policies sooner while giving employers a chance to make necessary arrangements to deal with your absence, say, in terms of workload distribution or shift replacements.
Once pre-approved by your manager, you are expected to submit your leave request in writing. There are two ways to do this:
Leave of Absence Letter/Email
You can submit your leave of absence in the form of a quick letter or e-mail. Feel free to use the sample text below, adding relevant information in the placeholders:
Sample Letter
LOA Request Letter
LOA Request Letter
Leave of Absence Form
The other option is to fill out a Leave of Absence Form. Companies with a sizable staff use this standardized way of recording leaves to help them manage employee absences.
Here’s a quick rundown of what you can expect to fill out in a typical Leave of Absence form:
- Your employee details (name, Employee ID & contact info)
- Reason for leave (FMLA or Personal Leave)
- Type & duration of leave
- An acknowledgement section
Most companies also expect you to attach supporting documents to back up your reason for leave.
LOA Request Form
LOA Request Form
Leave Policies & Job Offers
A strong leave program can be an additional consideration for job seekers when negotiating a new job offer. Reflect on your personal needs when it comes to time off, as this can be an important point of discussion between you and the company hiring you.
You may choose to write additional leaves into your employment contract as an added benefit to you in certain circumstances, such as:
“In the event of a documented medical emergency involving an immediate family member, the employee may take up to 5 additional paid days per year.”
Likewise, if you are being promoted to a new role with more responsibility, you can justify extra benefits like additional paid leave.
Find out what’s typical in your industry, and try to convince your employer to stick to these standard business practices. Don’t forget to ask employers what happens to unused leaves, for example, these may be paid out, rolled over, forfeited, or handled otherwise.
Wrap Up
Whether you are called to jury duty for a few hours, recuperating from a serious disease, or planning a family vacation, being granted or denied leave depends on your company’s policies as well as the federal laws governing this area. Eligibility, duration, and employer requirements also vary by state, so make sure you do your homework!
With this post, we wanted to help you know your rights better, what categories of leaves are out there, which ones are legally covered, and how to formally process a leave of absence request using a Leave of Absence Form like this one!
