When an employee asks to take a leave of absence for medical reasons, it can be hard to know what your obligations are as an employer. How much time away from work are they entitled to? Do they keep their pay and health insurance while they’re on leave? And are they entitled to return to the same position after their leave of absence?
The answers will depend on what type of leave an employee is eligible for, and whether or not they qualify for job-protected leave under state or federal law.
Here’s how to navigate a medical leave of absence, and how to find answers to some of the most frequently asked questions about medical leave.
What Is a Medical Leave of Absence?
A medical leave of absence is a period of time off work for medical reasons, such as an illness or injury. Usually, medical leave covers a longer period of time than ordinary sick leave, but sometimes the two types of leave may overlap.
A leave of absence can be either voluntary or mandatory, depending on your company’s leave of absence policy and which laws apply. Medical leave is often mandatory, which means you’re obligated to provide it under state or federal employment law.
However, medical leave is generally unpaid, unless your company offers a paid leave policy or is covered by a collective bargaining agreement.
Types of Medical Leave
Medical leave typically refers to a leave of absence that’s longer and more serious than sick leave, but shorter than disability leave. But since an employee’s medical condition may progress through one or more of these categories, it’s important for employers to understand them all when determining what type of leave they may qualify for.
Here are three types of leave that may apply to an employee’s medical condition:
Sick leave
According to the U.S. Department of Labor, sick leave refers to time off work to address “short-term health needs and preventive care.” Several states, including California and Oregon, require employers to offer paid sick leave that employees accrue over time.
Similar to paid time off (PTO), employees have some leeway in how they use paid sick days, typically accruing one hour of leave for 30 or 40 hours of work.
Medical leave
Medical leave often refers to a leave of absence under the Family and Medical Leave Act (FMLA) or similar state laws. FMLA provides up to 12 workweeks of leave in any 12-month period to eligible employees who work for a covered employer: That is, an employer with more than 50 employees, or a government agency or school.
FMLA leave covers ongoing medical conditions, such as an employee’s own serious health condition or an injury or illness affecting a family member. Although FMLA only provides unpaid leave, employees may be able to use their accrued sick time or PTO concurrently. Other qualifying scenarios include:
- Mental health conditions that require inpatient care or ongoing treatment
- The birth or adoption of a child, including foster care (i.e., parental leave)
- Military caregiver leave taken to care for an active duty service member or for other exigencies related to military service
Disability leave
Disability leave comes into play if an employee has an ongoing condition that prevents them from returning to their job for an extended period of time. This could be due to a FMLA-qualifying illness or a workplace injury that qualifies for workers’ comp.
Disability leave includes both short-term and long-term disability leave, which provide benefits such as coverage for medical costs and wage replacement. If an employee is able to return to work after taking FMLA or disability leave, they may be eligible for a reasonable accommodation under the Americans with Disabilities Act (ADA).
Medical Leave of Absence Policies and Best Practices
Providing a medical leave of absence benefits your workplace by giving your employee the time they need to seek treatment for their condition and recover. But it comes with certain rights and responsibilities for both the employee and the employer.
For employers:
- Track leave properly: Employers need to track their employee’s leave balance and make sure it's categorized accurately, even if the employee hasn’t formally requested medical leave. This also applies to intermittent leave, which is when an employee takes leave in multiple increments instead of all at once.
- Respect FMLA confidentiality rules: Employees can request certification of an employee’s medical condition, but need to keep that information confidential and avoid sharing it with other employees except on a need-to-know-basis.
- Adhere to return-to-work guidelines: FMLA leave offers job protection, which means an employee is entitled to reinstatement into the same position with the same pay and health benefits. By following a return-to-work program, you can streamline the process and speed up the employee’s return to work.
For employees:
- Give sufficient notice: While a last-minute request is allowed for urgent medical conditions, employees should provide 30 days’ notice in advance “if it is possible and practical to do so,” according to the Department of Labor.
- Provide a medical certification (if requested): Employers can ask for medical documentation from your healthcare provider to verify your need for leave. You have 15 calendar days to provide the certification if asked to do so.
3 Stages of a Medical Leave of Absence
Navigating a medical leave of absence can be a complex process, but it’s easy if you follow the right steps. In fact, you can use an automated leave management system (LMS) like Pulpstream to do most of the work for you.
Here are the three stages of a medical leave of absence:
Request
First, make sure that employees know their rights and make it easy for them to submit a leave of absence request. That way, you’ll get sufficient notice when they need to take leave and you’ll have all the information you need to make a decision about it.
Ideally, you’ll use a cloud-based system like Pulpstream so that employees can submit their leave request online using a self-service portal. You can even pre-fill FMLA forms with employee information to save time and streamline the process.
Approve
Next, your human resources team will review the request to see whether it aligns with the employee’s leave benefits and your company’s leave policy.
Since you’ll need to comply with multiple state and federal leave laws, use a platform like Pulpstream, which features a custom rule engine that can automatically assess employee leave requests for you and help you approve or deny them promptly.
Manage
Finally, track your employee’s remaining balance to ensure that the number of days or weeks of leave they take doesn’t exceed their leave entitlement.
You’ll also want to check in with them periodically throughout their time off work to see how their situation is progressing. Create a personal return-to-work plan that explains how you’ll assess their fitness for duty and provide any reasonable accommodations they’re eligible for upon reinstatement.
Make Sense of Medical Leave with Pulpstream
Administering multiple types of medical leave can be tricky, so use a leave management platform like Pulpstream to manage leave requests and ensure HR compliance.
Our no-code interface allows you to customize your LoA and return-to-work process, while our self-service portal lets employees submit their own requests online.
Request a demo today to see how it works!
