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Key Points
- A medical leave of absence is a federally protected time off from work due to health reasons, ranging from a few hours to several weeks, under the Family Medical Leave Act (FMLA).
- To qualify for FMLA, an employee must have worked for their employer for at least 12 months and completed at least 1,250 hours in the past year. The employer must also have a minimum of 50 employees within a 75-mile radius.
- Common reasons for taking a medical leave of absence include caring for a new child, recovering from a medical condition or surgery, and managing stress or burnout.
- Mental health conditions like depression and anxiety can also qualify for a medical leave of absence under FMLA, with the process requiring documentation from a licensed therapist.
Whether you’re feeling under the weather or need to care for a sick loved one, taking a medical leave of absence is usually a good option. Many employers offer paid time off (PTO) and sick leave, but after that runs out a medical leave of absence may be your only option. Depending on your employer’s policies, you may be able to take a medical leave of absence for things like having a baby, having surgery, taking care of a sick family member, jury duty, excessive stress, burnout, and many other reasons. FMLA is one way you can take unpaid leave from your job while keeping your health benefits.
What is a Medical Leave of Absence?
A medical leave of absence is when you formerly ask for leave from work, with the expectation that you will return to your position after a certain amount of time off. This time can vary from a few hours to several weeks.
Under federal law, employers are required to allow their employees to take a leave of absence without fear of losing their jobs in the event that they need to report for military duty or are summoned for jury duty. Medical leave of absence is also federally protected under the Family Medical Leave Act (FMLA). This act allows employees to take up to 12 weeks a year off for medical reasons and not lose their position or health benefits. However, a doctor’s note is usually required as proof that medical leave is necessary. Things like maternity or paternity leave, and caring for an immediate family member who is ill are usually covered under FMLA.
For those who are not covered under FMLA, a medical leave of absence may still be possible, but it will be up to the discretion of your employer. Many employers offer PTO and non-paid time off for certain situations. The amount of time off may also vary. It is a good idea to be well acquainted with your employer’s polices. You can usually access this information in your employee handbook, but you can also ask your supervisor or HR representative to help you understand the policies if you need to.
Which Events Qualify for a Medical Leave of Absence?
There are several reasons for taking a medical leave of absence. Some of the most common reasons, according to BetterUp, are:
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Caring for a new child after adoption, birth, or foster care placement
- Parental leave for parents whose children have certain health conditions
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Recovering from a serious medical condition
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Recovering from a migraine headache
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Taking care of a family member who has a medical condition or disability
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Providing care for a military service member who was injured
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Recovering from an injury or surgery
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Recovering from stress, burnout, or a mental health crisis
Who is Eligible for a Medical Leave of Absence?
FMLA is a federal program that helps qualifying employees keep their job positions and health benefits while taking medical leave for up to 12 weeks every year. Several things must be true for you and your employer to have FMLA eligibility, according to the Department of Labor (DOL). Qualifications for FMLA include:
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You must work for your employer for at least 12 months before you can request FMLA
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You must have worked at least 1,250 hours in the past 12 months before taking leave
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You must be employed by someone who has at least 50 employees within 75 miles of their base location
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You must have enough FMLA time “on the books”—FMLA only allows 12 weeks of leave every 12 months
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You must properly fill out and submit the required paperwork, which may require a doctor’s note to verify your need for a medical leave of absence
It is important to note that FMLA leave only protects your job position and benefits for up to 12 weeks per calendar year. Having FMLA leave does not mean you will get paid time off, according to the DOL. Paid leave is provided by the employer, and may be limited. If you have no paid leave with your employer, you can ask about unpaid time off, sometimes called "personal leave". Understand that taking personal leave with FMLA may mean your job status can change. Become familiar with your employer's sick leave, personal leave, and paid leave options before you make a decision.
Can Employees Take a Medical Leave of Absence for Their Mental Health?
Mental health conditions can be serious and require some time off, just like some medical conditions. According to the Department of Labor, some mental health conditions can be covered under FMLA, including:
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Depression (including seasonal depression)
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Anxiety
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Stress and burnout
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PTSD
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Bipolar disorder
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Other diagnosed mental health conditions
Similar to taking a medical leave of absence, a mental health leave of absence starts by getting documentation from a licensed therapist and making sure that your employer has FMLA eligibility.
Find an Urgent Care Near Me
One of the first steps in taking a medical leave of absence is getting a doctor’s note for your records. If waiting for an appointment with your primary care doctor isn’t an option, you can get a doctor’s note from urgent care. Find top-rated urgent care clinics in your area by using Solv.
Frequently asked questions
How do I take a leave of absence from work due to stress?
To take a leave of absence from work due to stress, you should first review your company's policies for requesting time off. If you have any PTO available, your company may require that you use it before requesting FMLA or taking unpaid personal leave. Check your employee handbook for what your company policies on sick leave, and unpaid or paid leave. You can also find out if your employer is covered under the Family Medical Leave Act.
After reviewing company policies for sick leave and personal leave, you should schedule a meeting with your supervisor or HR department to discuss your situation. Be prepared to provide any necessary documentation, such as a doctor's note or other medical evidence of your stress-related condition. It's important to be open and honest about your situation and to communicate your need for time off in a professional manner.
What does it mean when someone goes on medical leave?
When someone goes on medical leave, it means that they are taking time off from work due to a medical condition or to care for an immediate family member who has a medical condition. This time off may be covered by FMLA or your own company PTO.
During medical leave, you may be able to get FMLA protection, which will protect your job and certain benefits, such as continued health insurance coverage. The specific details and requirements for medical leave can vary based on your employer and how much time you need to take off.
What is the difference between FMLA and LOA?
The Family and Medical Leave Act (FMLA) and a Leave of Absence (LOA) are both ways you can take time off from work, but they have some key differences. FMLA is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons.
A Leave of Absence (LOA), on the other hand, is a broader term that can encompass various types of time off from work, including FMLA leave but also other types of leave such as personal leave, sabbaticals, or extended time off for medical or personal reasons. LOA policies and eligibility criteria can vary widely between employers and may include different terms regarding pay, benefits, and job protection.
Can I take time off work due to anxiety?
Yes, you may be able to take time off work due to anxiety, especially if it is significantly impacting your ability to perform your job, according to BetterUp. Many employers have policies that allow for medical leave or time off for mental health reasons. FMLA can also cover mental health conditions such as anxiety. It's important to review your company's policies and procedures for requesting time off and to communicate with your supervisor or HR department about your situation.
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