Leave of absence

A leave of absence is a temporary, employer-approved period when an employee is away from work for a specific reason and may be paid or unpaid. Depending on the jurisdiction and employer policy, a leave of absence can be legally required or discretionary.

Leaves of absence help employees manage major life events — medical recovery, childbirth, military service, education — without forfeiting employment. For employers, clear leave policies maintain compliance, protect roles, and allow workforce planning.

What is a leave of absence?

A leave of absence (LOA) is a defined period during which an employee is permitted to be away from their job for medical, family, military, educational, or personal reasons. An LOA can be statutory (required by law, such as FMLA in the U.S.) or discretionary (requested by the employee and approved by the employer). It may be paid, unpaid, or partially paid depending on the type of leave, local law, and company policy.

Leaves protect job rights, ensure continuation of certain benefits, and set expectations for return-to-work timing and documentation. From Deel's perspective, managing leaves across multiple countries requires clear policies, consistent documentation, and automated compliance — which Deel's global HR tooling helps centralize and scale for distributed workforces.

Types of leave

Mandatory (legally required):

• Medical leave: Time off to recover from illness, injury, or surgery. In the U.S., FMLA provides up to 12 weeks of unpaid, job-protected leave for eligible employees with a serious health condition.
• Parental leave: Leave for the birth, adoption, or foster placement of a child. Duration and pay vary widely by country — from 12 weeks unpaid (U.S. FMLA) to several months paid (many EU countries). See Deel's guide on parental leave policy.
• Military leave: Protected time off for active duty, training, or reserve service. In the U.S., USERRA guarantees reemployment rights for returning service members.
• Jury duty: Most jurisdictions require employers to allow time off for jury service. Pay requirements vary by state and country.
• Bereavement leave: Time off following the death of a family member. Some states and countries mandate bereavement leave; others leave it to employer policy.

Discretionary (employer-approved):

• Personal leave: Time off for reasons that do not fall under a statutory category — such as travel, caregiving for a non-qualifying family member, or personal projects.
• Sabbatical: An extended leave, often offered to long-tenured employees, for rest, education, or personal development. Typically unpaid or partially paid.
• Educational leave: Time off to attend a degree program, certification course, or training. Some employers offer tuition assistance alongside the leave.

Employer responsibilities

• Know the law. Identify which leave types are legally required in every jurisdiction where you employ workers. In the U.S., start with FMLA, ADA, and state-specific leave laws.
• Maintain job protection. For protected leaves, hold the employee's position (or an equivalent role) open until they return.
• Continue benefits. Many laws require employers to maintain group health coverage during leave. Clarify who pays the employee's share of premiums during unpaid leave.
• Protect confidentiality. Medical information provided for leave purposes must be kept separate from general personnel files and shared only with those who need to know.
• Document everything. Record leave requests, approvals, certifications, and return-to-work dates. Consistent documentation protects both the employer and employee.
• Plan coverage. Arrange temporary coverage or redistribute work to maintain operations during the employee's absence.

How to request a leave of absence

1. Review your company's leave policy. Check the employee handbook or HR portal for eligibility, notice requirements, and available leave types.
2. Notify your manager and HR. Submit a formal request as early as possible. For planned leave (parental, educational), give notice according to policy — typically 30 days in advance for FMLA.
3. Provide required documentation. Depending on the leave type, you may need a doctor's certification, military orders, jury summons, or other supporting documents.
4. Confirm dates and expectations. Agree on start and end dates, how work will be covered, and any requirements for check-ins during the leave.
5. Understand your benefits. Ask HR how your health insurance, retirement contributions, and PTO accrual will be affected during the leave.
6. Plan your return. Coordinate a return-to-work date with HR. Some employers require a fitness-for-duty certification before returning from medical leave.

Legal considerations by jurisdiction

• United States: FMLA provides up to 12 weeks of unpaid, job-protected leave per year for eligible employees at covered employers. Many states (California, New York, New Jersey, Washington, and others) have their own paid family and medical leave programs that provide wage replacement.
• European Union: The Work-Life Balance Directive guarantees minimum parental leave, paternity leave, and carers' leave across member states. Individual countries often exceed these minimums.
• United Kingdom: Statutory maternity leave is up to 52 weeks (39 weeks paid). Shared parental leave allows parents to split leave between them. Other statutory leaves include paternity, adoption, and parental bereavement leave.
• Asia-Pacific: Requirements vary significantly. Some countries mandate generous paid sick leave and parental leave, while others have fewer statutory protections. Always confirm local law.

For country-specific guidance, see Deel's compliance solutions.

Key facts

• Common types: Medical, parental, military, jury duty, bereavement, sabbatical, personal, and educational leave.
• Legal protection varies: U.S. FMLA provides up to 12 weeks of job-protected leave. Other countries may offer more or less protection depending on the leave type.
• Paid or unpaid: Depends on the type of leave, local law, and employer policy. Some leaves are paid by statute, others are unpaid, and employers can choose to supplement.
• Benefits continuation: Employers may need to maintain health coverage during protected leave. Clarify premium responsibility with the employee.
• Documentation required: Employees typically must provide notice and supporting documents such as medical certifications or military orders.
• Duration and eligibility: Set by local law and company policy. Ranges from a few weeks to several months depending on the leave type and jurisdiction.

Example

A product manager in the U.S. becomes eligible for 12 weeks of unpaid, job-protected parental leave under FMLA after the birth of a child. The employer keeps the position open, continues group health coverage, and requires a medical certification to confirm leave dates. The employee returns to the same role after 12 weeks.

FAQ

What is the difference between time off and a leave of absence? Time off (PTO, vacation, sick days) is short-term and often scheduled or accrued. A leave of absence is a longer, formal, employer-approved absence that may involve job protection and documentation.

Can an employee take a leave of absence due to stress? Possibly. If the stress qualifies as a serious health condition under local law (such as FMLA in the U.S.) or under the employer's disability policy, leave may be available. Documentation from a medical provider is usually required.

How does an employee request a leave of absence? Submit a formal request to HR or your manager, provide required documentation (doctor's note, military orders, etc.), and follow the notice procedures in your employee handbook.

Is a leave of absence paid or unpaid? It depends on the type of leave, local law, and company policy. Some leaves are paid by statute or employer benefit (parental pay, short-term disability). Others are unpaid, and employers may choose to supplement.

How long can a leave of absence last? Length varies by type, jurisdiction, and company policy — from a few weeks for medical recovery to several months for parental leave or sabbaticals. Statutory limits apply in many countries.