Who qualifies for a leave of absence?

Eligibility depends on the type of leave. For FMLA, employees must have worked for a covered employer at least 12 months and logged 1,250 hours in the prior year. Under Maine PFML, employees need 120 consecutive days of service for job protection. Voluntary leave eligibility is set by your own policy, and military and jury duty leave generally cover all employees regardless of tenure.

How long can a leave of absence last?

It depends on the type. FMLA and Maine PFML both provide up to 12 weeks in a 12-month period, or up to 26 weeks in military caregiver situations. Voluntary leaves last as long as your policy allows. Define the limit clearly in writing so there is no ambiguity when someone asks for an extension.

What is the difference between a leave of absence and FMLA?

FMLA is one specific type of leave of absence, not a synonym for it. FMLA is a federal law giving eligible employees up to 12 weeks of unpaid, job-protected leave for qualifying reasons. Leave of absence is the broader category covering all extended time away from work. Not every leave is FMLA leave, and not every employer or employee qualifies for FMLA in the first place.

How do you pay employees during a leave of absence?

Most are unpaid unless the employee uses accrued PTO or your policy provides otherwise. Maine PFML is the significant exception, providing partial wage replacement from a state fund. Short-term disability insurance may cover part of a medical leave. Some employers require PTO to be exhausted before unpaid leave begins. Always notify payroll when someone goes on leave so compensation is handled correctly.

Can an employee take a leave of absence for stress?

Yes, in many cases. Stress, anxiety, and depression can qualify as a serious health condition under FMLA or as a disability under the ADA, depending on severity. Treat a stress-related request with the same care and confidentiality as any other medical leave, and consult an HR professional if you are unsure how to proceed.

What is short term disability leave?

Short-term disability is an insurance benefit providing partial income replacement when an employee cannot work due to a non-work-related illness or injury, typically for a few weeks to several months. It is separate from FMLA but frequently runs concurrently with it.

What happens when a leave of absence ends?

In most cases the employee returns to the same position or an equivalent one. Under FMLA that is a legal requirement rather than a courtesy. For voluntary leaves, reinstatement depends on your policy. Check in before the return date, review any changes to the role, and make sure they have what they need to come back smoothly.

Can a leave of absence be extended?

Sometimes. Extensions are most common in medical situations where recovery runs long. For voluntary leave the decision is yours. For leave covered by FMLA or the ADA you may have legal obligations before denying a request, particularly where an extension could be a reasonable accommodation. Consult legal counsel or an HR professional before saying no.

Paper Trails > Everything You Need to Know: Leave of Absence (LOA)

Everything You Need to Know: Leave of Absence (LOA)

A leave of absence is an approved, extended period away from work for a personal, medical, or family reason, longer than standard paid time off and usually requiring a formal request. Some leaves are required by law and job-protected; others are offered at the employer's discretion. Most are unpaid unless state law or your own policy says otherwise.

When an employee asks for one, the questions come fast. Are you required to grant it? Do you have to pay them? Does their job have to be waiting? Here is how to answer all three.

Key Takeaways from this Article

A leave of absence is an approved, extended period away from work that is different from standard paid time off.
Some leaves are protected by federal and state law, meaning you may be required to grant them regardless of your company size.
Having a clear, written leave of absence policy in your employee handbook protects both you and your employees.
Not all leaves of absence are paid, but how you handle compensation depends on your policy and the type of leave.
Even small businesses with fewer than 50 employees need to understand leave of absence laws, because state laws may still apply to you.

What is a Leave of Absence (LOA)?

A leave of absence is an approved period of time that an employee takes away from work, typically for a personal, medical, or family related reason. It is longer than a standard sick day or vacation and usually requires a formal request and approval process. Think of it as a temporary pause in someone's employment, where their job, or something equivalent, may be held for them while they're away.

Each leave scenario may be different. Some leaves are required by law, and others are offered at the employer's discretion. Some are paid, and many are not. The important thing to understand is that a leave of absence is not the same as quitting or being let go. The employee intends to return, and in many cases, the law requires you to let them.

When HR gets complicated, we keep it simple. If you’re feeling unsure about employee performance, discipline, documentation, or policies, our team can help.

How is a Leave of Absence Different from PTO and FMLA?

These three get conflated constantly, and they sit at different levels. A leave of absence is the broad category. FMLA is one specific legally protected type of leave within it. PTO is something else entirely.

	PTO	Leave of absence	FMLA
Typical length	Hours to days	Weeks to months	Up to 12 weeks
Paid	Yes	Sometimes	No, unless PTO or PFML applies
Formal request	No	Yes	Yes, with documentation
Job protected	By policy	Depends on type	Yes, by federal law
Reason required	No	Usually	Yes, qualifying reason only

Paid time off is accrued and flexible, used for vacation, personal days, or short illnesses, with no detailed reason needed. A leave of absence lasts longer, involves formal approval, and may carry legal protections PTO does not. In many cases an employee has already exhausted their PTO before the leave even begins.

Types of Leave of Absence

Two broad categories, and the difference is whether you have a choice.

Mandatory Leave

Mandatory leave is required by federal or state law, which means you are obligated to grant it to eligible employees. Federal laws like the Family and Medical Leave Act and the Americans with Disabilities Act govern many of these situations. Military leave and jury duty also fall here.

Not every federal law applies to every business. FMLA only covers employers with 50 or more employees. But state laws in Maine and other northeastern states have their own requirements, such as PFML, that reach much smaller businesses, so a small headcount does not mean you are exempt.

Voluntary Leave

Voluntary leave is not required by law. You choose to offer it, and it can be a useful retention tool. Extended personal leave, educational leave, and additional parental leave beyond the legal minimum all qualify.

Because it is discretionary, you set the rules, which makes writing them down in your handbook all the more important.

What Are the Common Types of Leave?

Medical Leave

Medical leave covers situations where an employee cannot work due to a physical or mental health condition, short-term or long-term depending on recovery. Under FMLA, eligible employees may take up to 12 weeks of unpaid, job-protected leave for a serious health condition. In Maine, PFML now provides up to 12 weeks of paid leave for the same reason, with benefits available for leave taken on or after May 1, 2026. Mental health conditions including stress, anxiety, and depression may qualify under the ADA or FMLA depending on severity.

Parental Leave

Parental leave covers the birth, adoption, or foster placement of a child. FMLA provides up to 12 weeks unpaid; Maine PFML provides up to 12 weeks paid. Employers in states without a state-run program often offer paid parental leave themselves, which is a genuine recruiting advantage.

Personal Leave

Personal leave covers what does not fit elsewhere: a move, a divorce, further education, or a needed reset after a hard stretch. It is typically voluntary, so you are not required to offer it. A written policy prevents awkward case-by-case decisions and keeps you consistent across employees.

Bereavement Leave

Federal law does not require bereavement leave, though some states have begun mandating it. Most businesses offer three to five days for immediate family. Whatever the law says, this is one where your policy signals something about the company.

Military Leave

Military leave is protected under USERRA, the Uniformed Services Employment and Reemployment Rights Act. Employees are entitled to return to their job after service, training, or related duties, and cannot be discriminated against for military obligations. This applies to all employers regardless of size.

Jury Duty and Civic Leave

Federal law and most state laws, Maine included, require employers to provide unpaid leave for jury duty. You are not required federally to pay during it, though some employers do. Address it in your policy so employees know before a summons arrives, not after.

What Happens to Benefits During a Leave of Absence?

This is the question that generates the most confusion, and the answer depends on the type of leave.

Health Insurance During FMLA Leave

Under FMLA you must maintain group health coverage on the same terms as if the employee were working. Family coverage stays family coverage. The employee remains responsible for their share of the premium even without a paycheck, and if they stop paying, you may drop coverage or pay it and recover the cost on their return.

Most employers handle this by letting premiums accumulate and deducting them from paychecks once the employee is back. Put that in writing before you need it.

Non-Health Benefits

FMLA does not require life insurance, disability coverage, or similar benefits to continue during leave. Anything that lapses must be reinstated immediately on return to full-time work. Check with your carriers in advance so you know how long coverage can continue and what reinstatement requires.

If an Employee Does Not Return

If an employee fails to come back for at least 30 days after FMLA leave ends, you may be able to recover the health premiums you paid on their behalf. Exceptions apply, including where the employee is physically unable to return or has been laid off.

Military Leave and Everything Else

Under USERRA, leaves of 31 days or longer may move the employee to COBRA continuation coverage. Shorter military leaves keep benefits as normal.

For leaves outside FMLA or USERRA, coverage generally ends at the close of the last month worked full time, with COBRA offered from there. Some employers negotiate a grace period with their carrier, which helps when the employee is expected back soon.

What Should a Leave of Absence Policy Include?

Every business needs one in writing, whatever the headcount. A solid policy covers the types of leave you offer, who is eligible, how to request leave, what documentation is required, whether the leave is paid, what happens to benefits during it, and the process for returning to work.

Review it every two years at minimum. Leave law has moved substantially in the last few years, particularly at the state level, and a policy written before Maine PFML existed is already out of date.

FAQs: Leave of Absence

Eligibility depends on the type of leave. For FMLA, employees must have worked for a covered employer at least 12 months and logged 1,250 hours in the prior year. Under Maine PFML, employees need 120 consecutive days of service for job protection. Voluntary leave eligibility is set by your own policy, and military and jury duty leave generally cover all employees regardless of tenure.
It depends on the type. FMLA and Maine PFML both provide up to 12 weeks in a 12-month period, or up to 26 weeks in military caregiver situations. Voluntary leaves last as long as your policy allows. Define the limit clearly in writing so there is no ambiguity when someone asks for an extension.
FMLA is one specific type of leave of absence, not a synonym for it. FMLA is a federal law giving eligible employees up to 12 weeks of unpaid, job-protected leave for qualifying reasons. Leave of absence is the broader category covering all extended time away from work. Not every leave is FMLA leave, and not every employer or employee qualifies for FMLA in the first place.
Most are unpaid unless the employee uses accrued PTO or your policy provides otherwise. Maine PFML is the significant exception, providing partial wage replacement from a state fund. Short-term disability insurance may cover part of a medical leave. Some employers require PTO to be exhausted before unpaid leave begins. Always notify payroll when someone goes on leave so compensation is handled correctly.
Yes, in many cases. Stress, anxiety, and depression can qualify as a serious health condition under FMLA or as a disability under the ADA, depending on severity. Treat a stress-related request with the same care and confidentiality as any other medical leave, and consult an HR professional if you are unsure how to proceed.
Short-term disability is an insurance benefit providing partial income replacement when an employee cannot work due to a non-work-related illness or injury, typically for a few weeks to several months. It is separate from FMLA but frequently runs concurrently with it.
In most cases the employee returns to the same position or an equivalent one. Under FMLA that is a legal requirement rather than a courtesy. For voluntary leaves, reinstatement depends on your policy. Check in before the return date, review any changes to the role, and make sure they have what they need to come back smoothly.
Sometimes. Extensions are most common in medical situations where recovery runs long. For voluntary leave the decision is yours. For leave covered by FMLA or the ADA you may have legal obligations before denying a request, particularly where an extension could be a reasonable accommodation. Consult legal counsel or an HR professional before saying no.

Why Leaves of Absence Matter

For HR directors, managers, and business owners, a leave of absence is more than a scheduling problem. It is a reflection of your company culture. Employees supported through a difficult stretch tend to come back more engaged and more loyal. Handled badly, the same situation produces compliance exposure, legal disputes, and damaged trust that takes years to rebuild.

At Paper Trails, our HR consulting team helps Maine employers write leave policies that hold up, coordinate FMLA with PFML and short-term disability so they run concurrently rather than consecutively, and work through the benefit continuation questions before an employee is already out.

Written: April 2026

Updated: October 2026

Written by: Jon Portanova

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