Learn All About Employee Leave of Absence
It is possible to request a leave of absence from an employer for various reasons contemplated in the law. However, there are circumstances in which you will need to apply for a permit without a legal reason, in this case, it will depend on your company. In addition, in the mandatory ones, the law establishes a specific payment but the volunteers may not pay them.
In this article, you will learn the leave of absence meaning and the conditions under which it is possible to apply for one. Additionally, we will show you the types of licenses and what the person who wishes to apply for one must do. Let us see:
1. What is a leave of absence?
2. Reasons for requesting a leave of absence
3. Types of leave of absence from work
4. Who is granted a leave of absence?
5. Considerations before you take a leave of absence
6. How to request leave of absence?
7. We can help you better understand leave of absence from work
1. What is a leave of absence?
It is an authorization that you request from your company or employer to be absent for a long time. Also, each organization or company has its processes for you to obtain a leave of absence. In this aspect, depending on the leave you take, you may or may not lose your benefits, depending on the employer.
The law covers the leaves for reasons like military, medical, jury duty, and other particular situations. Thus, under federal law, you will not need employer approval, and the employer does not require to provide paid leave.
2. Reasons for requesting a leave of absence
Next, we show you the list of reasons for leave of absence from work,which are valid:
2.1 Grief over the death of loved ones
In bereavement due to the death of loved ones, companies often permit employees to make arrangements, in addition to recovering from grief. In this case, in most companies, it is a period between 3 and 6 days approximately.
2.2 Maternity leave
In this type of license, the law takes into account the common time of pregnancy. You can also request a change in responsibilities or a reduction in job duties. Generally, an employee receives maternity leave for 17 weeks. The employee can take this leave 13 days before the birth and end just 17 weeks after the birth of the baby.
2.3 Parental leave
This leave begins at the time the child is born or at the time the family adopts one. Likewise, this license is usually unpaid and with variable periods. For this leave, the worker must notify the employer at least four weeks in advance.
The law requires this and there will be no relocation or changes in compensation or employment benefits.
2.4 Medical leave of absence
The employer grants this type of leave when a member of the family becomes seriously ill. Thus, the employee will get from 17 to 37 weeks of leave, which will be paid or unpaid depending on the circumstances.
Likewise, you must request the sick leave in advance, complying with the requirements requested by the employer. In addition, the employer will request proof of the place where the medical assistance was provided.
2.5 Judicial service license
This personal leave of absence is when the employee need to comply with a judicial service. Also, the leave granted is unpaid and applies if you are a juror, juror candidate, or witness. For this reason, employers will request for this leave the written notices that specify the legal obligation that the employee must comply with.
The duration of the leave will depend on the time it takes the employee to comply with the judicial procedure.
2.6 Care leave doctors
The employer grants this permission when you have to care for a family member who requires urgent care due to a medical problem. Regardless of how long do you leave, the length of leave varies from 8 to 28 weeks and requires written notice to the employer. Also, you must request proof of the health status of the family member with the medical condition.
3. Types of leave of absence from work
There are 2 types of leave, compulsory or voluntary, in which there may or may not be remuneration from the employer. Here is the definition of each:
3.1 What is leave of absence from work mandatory?
For federal law and/or state laws, there are mandatory work permits. These include general medical leave, military leave, disability law, and others required by the state. Likewise, this type of license must be granted with labor protection.
3.2 what is leave of absence voluntarily?
Permits of this type are all those that are not within those required by law. Additionally, the employer grants this type of leave if he wants to or by agreements with the collective union. However, many companies provide their workers with leave of absence work if there is a need for medical leave.
Also, it is possible to request an extended license for some unusual situations, such as a study opportunity. However, the company also can grant this type of leave at discretion of the licensing policies of the company. In addition, there is no job protection obligation in this period of leave unless the employer so decides.
3.3 What is paid leave?
With this leave, you can take time off from work duties and continue to receive your salary. However, the employer does not have to pay for it, although there are some places where there are federal laws that require paid leave.
Most employers have a resource line to pay for a leave of absence. Also, other companies have a certain time of paid licenses available in case of any personal matter that requires it. In other cases, they allow their employees to accumulate paid leave, which is counted in days and hours worked.
3.4 What is an unpaid leave of absence?
It is the one that allows you to be absent from your obligation for a long time, in which the employer does not need to pay you. That is, in some cases, you will be able to ask for a certain amount of time on the condition that you will not lose your job. Additionally, you may receive some employee benefits, such as health insurance.
On the other hand, some employers allow you to take time off to enjoy accrued vacation time, which is paid. If the personal leave reasons end you must continue with a work permit, in that case, it will not be paid. However, your agreed employment benefits will continue to accrue as long as the regular contribution is made.
4. Who is granted a leave of absence?
There is a leave of absence reasons list but there are certain conditions you must meet to get it. Likewise, the employee who has worked for a certain time, will qualify for family leave, and the reasons are the following:
- Serious health condition.
- When a child is born or a couple adopt a kid.
- Taking care of a member of your family with health problems.
- Military service, including active duty service member care.
Likewise, an employee can take a leave and have the peace of mind of job security or being granted similar employment. In addition, these licenses are granted for 12 weeks in an established period of 12 months.
On the other hand, if the employee taking a leave of absence from work is not under the protection, it will be taken as medical leave. Also, your salary and job may be protected by law.
5. Considerations before you take a leave of absence
Before you apply for this leave, there are a few things you should consider so you know if it is possible to receive the leave. Here are some tips for applying for one of these permits. The first thing you should do is investigate how does leave of absence work in your organization and what requirements it asks for. Here are some things to consider:
- The Family and Medical Leave Act (FMLA) requires that employees take unpaid time off. In addition, this will only be for personal medical conditions, as well as serious family members. Likewise, due to births, adoption, or due to an emergency from the military service of a family member.
- If an employee must perform military service or be a jury, they can receive leave from work.
- An employer does not need to grant you a leave just because you ask for it, so consider whether the employer is flexible on this.
- If you consider that a short license allows you to meet your objectives, do not hesitate to request it. In addition, the employer is more likely to accept the said proposal.
- Consider the possibility of working from home instead of long leave. Plus, have more options to offer your employer.
- Think about the possibility that the employer will refuse to grant you leave and what you will do in that case. Also, if by denying you the license you will have to leave your job or what option do you have.
- Another aspect to consider is financing at the time of your application, whether or not you will be able to pay off your bills.
- Discuss the consequences of the employee loa request for your benefits if they Law does not cover them.
6. How to request leave of absence?
Next, we give you the guidelines required for the request for a leave of absence from work:
6.1 Talk to your immediate superior
The leave of absence can be initiated with the immediate superior and do not discuss your plans with your colleagues before speaking with the manager.
6.2 Create a summary of your request
Prepare in writing the reasons for your request and how long is leave of absence you require. Also, mail it before you go to the relevant office. Likewise, it is important to expose your flexibility to make the process easier, such as training for job replacement and availability to clarify doubts.
6.3 Make the request when your boss is calm
When you go to talk to your boss, take into account the mood you are in. That is because, with your boss under stress, he may deny you permission. Also, you must be patient and very discreet but very strategic when applying.
6.4 Enter a leave of absence end date
Check how long is a leave of absence and based on this, put an end date of the leave that you will request. If you cannot give an exact date, put one according to the conditions for the general time of each license.
6.5 Do not put advance ultimatums on the application
It is important to make your boss feel like you are in control and willing to permit you. Then, if necessary, you can go to law.
7. We can help you better understand leave of absence from work
There are various reasons for personal leave of absence so that you can be absent from the company in which you work. In addition, some of them may be required by law (mandatory) or those that the law does not contemplate (voluntary). Therefore, you must be clear about certain aspects before requesting one from your employer.
Likewise, you must clearly understand the current regulations to know what your rights and duties are in this regard. In this case, we offer our extensive experience in various labor matters and in the following countries:
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Want more information regarding personal leave of absence? We keep you informed about this and many other topics, just contact us at [email protected].
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