When an employee requests a leave of absence, it can seem straightforward: a few days of sick leave here, a few weeks of parental leave there. But different types of leave of absence have their own legal requirements and eligibility guidelines. Some are paid, some are unpaid, and the length of each type of leave can vary.
Here’s what employers need to know about 12 common types of leave of absence, and how to balance state and federal leave laws with your own leave of absence policy.
A leave of absence is any time off work that’s provided for a specific qualifying reason. Some types of leave are required by state law or federal mandates, while others are optional and determined by employer policies. HR teams can use leave of absence management software to support compliance with applicable employment laws.
Here’s an overview of 12 types of employee leave and which laws apply:
Parental leave allows an employee to take time off to bond with a newborn child or an adopted child. Under the Family and Medical Leave Act (FMLA), eligible employees may take up to 12 weeks of unpaid, job-protected parental leave to bond with a child after birth, adoption, or foster placement. Some states provide paid parental leave, which may run alongside or in addition to FMLA leave.
Sometimes called maternity leave or paternity leave, many companies offer more generous parental leave policies as an employee benefit.
NICU leave is a type of leave available for parents with a baby in a neonatal intensive care unit (NICU). Eligible employees may be able to take time off for this reason under FMLA, but it will reduce the time they have left for other types of FMLA leave.
A small number of states have dedicated NICU leave protections. Colorado allows eligible parents to receive up to an additional 12 weeks of paid family and medical leave when a child is receiving inpatient care in a NICU. Beginning June 1, 2026, Illinois provides 10–20 days of unpaid NICU leave depending on employer size.
Medical leave applies when an employee needs to take time off to address a serious health condition. Under FMLA, covered employers must provide up to 12 weeks of unpaid leave in a 12-month period for personal medical reasons. Employees can also take FMLA leave to care for certain immediate family members, such as a spouse, child, or parent with a serious health condition.
Some states, including New York, California, and Washington, offer paid family and medical leave entitlements, but the specific requirements vary.
Mental health leave is available under FMLA for chronic mental health conditions that require inpatient care or ongoing treatment. This includes anxiety, PTSD, and various other conditions. Typically, the same eligibility requirements apply as with any other serious health condition.
Some employers provide additional days off as a matter of company policy to support employee well-being. Mental health days may also be available under paid sick leave laws in some states.
Military leave applies when an employee needs to take time off for military service. It’s usually covered by the Uniformed Services Employment and Reemployment Rights Act (USERRA), which generally provides job-protected leave for cumulative military service of up to five years.
Employees may also be able to take time off under FMLA for a "qualifying exigency” related to a family member’s deployment in the Armed Forces.
FMLA allows eligible employees to take job-protected, unpaid time off to care for certain family members. Employees may take up to 12 weeks of family leave to care for a spouse, child, or parent with a serious health condition.
They may also take up to 26 weeks in a single 12-month period to care for a covered servicemember or covered veteran with a serious injury or illness.
Bereavement leave allows an employee to take time off following the death of a loved one. While federal laws like FMLA don’t provide bereavement leave, some states do. Eligible employees can take:
The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodation to employees with a disability, which may include conditions like autism and ADHD. This could take the form of leave of absence, but is not to be confused with disability leave under long- or short-term disability insurance.
Employers should use the interactive process to determine the length of ADA leave, whether it’s paid or unpaid, and any other conditions.
Jury duty leave provides an employee with time off to fulfill their jury duty obligations, typically anywhere from a few days to a few weeks. In some states, employers are prohibited from applying an employee’s personal leave (i.e., vacation time or PTO) toward their jury duty absence. A limited number of states require paid jury duty leave.
Federal law doesn’t provide time off to vote, but many states do. Voting leave may be paid or unpaid, and usually lasts up to 2 working hours on election day.
Volunteer leave allows an employee to take time off for certain volunteer activities, such as working at a food bank. Volunteer leave is usually governed by company policy. Still, some types of volunteer leave, such as emergency responder leave or bone marrow donation leave, may be covered by state law.
Sabbatical leave is a personal leave of absence provided to an employee, usually after many years of work. Employees can take a sabbatical for personal reasons, such as travel, or for professional development. It’s usually unpaid and lasts for an extended period, from a few months to a year.
When an employee makes a leave of absence request, it’s important to process it under the right state or federal leave laws. Use an automated leave management system to handle incoming leave requests, and spell out your leave of absence policies in your employee handbook. Remember, providing additional vacation days or paid time off supports employee well-being and can increase retention.
Here’s a comparison of common types of leave of absence, including whether each type is paid, legally required, and how long it typically lasts:
|
Type of Leave |
Paid or Unpaid |
Legally required? |
Typical Length |
|
Parental leave |
Paid in some states |
Yes, under state and/or federal law |
Up to 12 weeks |
|
NICU leave |
Paid in Colorado |
Yes, in Colorado and Illinois; may qualify under FMLA |
Up to an additional 12 weeks in Colorado; 10–20 days in Illinois |
|
Medical leave |
Paid in some states |
Yes, under state and federal law |
Up to 12 weeks |
|
Mental health leave |
Paid in some states |
Yes, under state and federal law |
Up to 12 weeks |
|
Military leave |
No |
Yes, under state and federal law |
Up to five years |
|
Caregiver leave |
No |
Yes, under state and/or federal law |
Up to 12 weeks for family care; up to 26 weeks for military caregiver leave |
|
Bereavement leave |
Paid in some states |
Yes, under some state laws |
Varies by state; often 40 hours to 2 weeks |
|
ADA leave |
Varies on a case-by-case basis |
Yes, under federal law |
No specific limit |
|
Jury duty leave |
Varies by state |
Only in some states |
Several days or weeks |
|
Voting leave |
Varies by state |
Only in some states |
Up to two hours |
|
Volunteer leave |
Varies |
No, in most cases |
Varies |
|
Sabbatical leave |
No |
No |
Up to a year |
Even the most experienced HR team can struggle to keep up with leave laws for each type of leave of absence and track employees’ time off. Employees may be eligible for unpaid leave under FMLA, as well as paid leave under certain state employment laws. Use a platform like Pulpstream to help assess eligibility, standardize workflows, and track employee leave balances.
Our all-in-one solution supports FMLA leave, state leave, ADA accommodations, and more. Request a demo today to see how it works!