# Leave of absence policy template

> Medical, caring and personal leave beyond sick time, pay, keeping in touch and coming back. A complete policy to adapt with your own rules.

Category: Policies

Canonical: https://shuffl.ai/templates/leave-of-absence-policy

**A starting point, not legal advice. Leave, pay and expense rules differ by country, state and city. Use the checks on this page to see what to look up where your people work, and have someone qualified review your policy before you publish it.**

## When to use it

A leave of absence policy covers longer time away than paid time off or sick leave: medical leave, caring for family, personal leave or a sabbatical.

It sets out pay, benefits, keeping in touch and coming back, so nobody has to negotiate it from scratch at a hard time.

## Leave of absence

Words in [square brackets] are for you to fill in. The policy has every section a real handbook policy has, but no allowances, dates or amounts of its own.

```markdown
# Leave of absence

## Purpose
Sometimes you need longer time away than paid time off or sick leave covers. This policy explains the leave you can ask for, how it is paid and how we support your return.

## Who this covers
[Which employees are eligible, and from when.]

## Kinds of leave
| Leave | How long | Pay |
| --- | --- | --- |
| Medical leave, beyond paid sick time | [length] | [paid, partly paid or unpaid] |
| Caring for a family member | [length] | [pay] |
| Personal leave | [length] | [pay] |
| [Sabbatical, after a number of years] | [length] | [pay] |

## How to ask
1. Talk to [your manager or HR] as early as you can, ideally [number] weeks ahead when the leave is planned.
2. Put the request in writing, with your expected dates.
3. [Any information needed, for example a medical certificate where the law allows it.]

We confirm the decision, your dates and what happens to pay and benefits in writing.

## While you are away
- Your benefits [continue, and how].
- We agree how and how often we keep in touch, and you can change that at any time.

## Coming back
You return to the same job, or a similar one on the same terms if that is not possible. [Phased return, adjustments or a return-to-work conversation.] Tell [who] if your return date changes.

## Protection from retaliation
Nobody will be treated worse for asking for or taking leave this policy or the law gives them.

## Records and privacy
Medical details are kept by HR, separately from your personnel file, and shared only with people who need them.

## Responsibilities
- **You:** ask early, keep us updated and confirm your return.
- **Your manager:** plan cover and keep in touch as agreed.
- **HR:** explain your options, apply legal leave rights and plan your return.

## Where local law differs
If the law where you work gives you more leave, pay or protection, the law applies. These places have their own rules: [list them, or "none"].

## Related policies
Sick leave, Parental leave, Bereavement leave and Paid time off.

## About this policy
Owned by [team or person]. Applies in [countries or states]. We may update this policy and will tell you at least [number] days before a change takes effect. This policy is not part of your employment contract.

## Questions
Contact [team or person] at [email or channel].
```

## Check before you publish

Rules that often catch teams out, by place. They are not part of the policy, and not legal advice.

- United States: The FMLA gives up to 12 weeks of unpaid, job-protected leave to employees with 12 months and 1,250 hours of service at an employer with 50 or more employees within 75 miles. State laws such as California’s CFRA reach smaller employers, and the ADA can require leave as an accommodation.
- United Kingdom: Employees have a right to one week of unpaid carer’s leave a year from their first day, and up to 18 weeks of unpaid parental leave per child. Other long leave is at the employer’s discretion unless the contract says otherwise.
- European Union: Every member state gives at least five working days of carer’s leave a year, and the right to time off for urgent family reasons. Countries add their own paid and unpaid leave schemes.

## How to adapt it

- Put each kind of leave in one table with its length and pay.
- Say the person returns to the same or a similar job.
- Keep medical details with HR only.

## Time away is common, and often unpaid

- **15%** of US employees took leave for an FMLA-qualifying reason in the past year (DOL, 2018) [dol-fmla-survey]
- **34%** of US employees who took FMLA-type leave got no pay while away (DOL, 2018) [dol-fmla-survey]
- **49%** of US private industry workers had paid family and medical leave in March 2026 (BLS) [bls-ebs]

## What the research says

Longer leave is a normal part of working life. In the Department of Labor’s 2018 surveys, 15% of US employees had taken leave for an FMLA-qualifying reason in the past 12 months, and 56% were eligible for FMLA. Their own serious health condition (51%) and a new child (25%) were the most common reasons.[dol-fmla-survey]

Pay varies widely. Of employees who took leave, 42% received full pay, 24% partial pay and 34% no pay. 7% needed leave but didn’t take it, most often because they couldn’t afford unpaid leave (66%). After leave, 87% returned to the same employer and position.[dol-fmla-survey]

Access to paid leave is growing but far from universal. In March 2026, 49% of private industry workers had access to paid family and medical leave.[bls-ebs]

## What the law requires

The FMLA covers private employers with 50 or more employees in 20 or more workweeks of the current or prior year, and all public agencies. Eligible employees have worked there for 12 months, logged 1,250 hours in the past 12 months and work at a site with 50 or more employees within 75 miles.[dol-fmla]

They can take up to 12 workweeks of unpaid, job-protected leave in 12 months for qualifying family and medical reasons, with group health coverage kept in place, or up to 26 workweeks to care for a seriously injured or ill servicemember or veteran.[dol-fmla]

Under the ADA, employers must consider unpaid leave as a reasonable accommodation for an employee with a disability and may have to grant leave beyond a policy’s maximum. FMLA compliance alone doesn’t necessarily meet ADA obligations.[eeoc-ada-leave] UK employees can take up to one week of unpaid carer’s leave in any 12 months from day one.[govuk-carers-leave] Check local leave laws too.

## Common mistakes

- Ending employment automatically when leave runs out. Under the ADA, a fixed maximum may have to bend.[eeoc-ada-leave]
- Losing touch completely. Agree before leave starts how and how often you’ll keep in touch.
- Leaving the return to chance. Plan a phased return or any adjustments before the first day back.
- Deciding discretionary leave case by case with no criteria. Write down how sabbaticals and personal leave are approved.

## Common questions

**Is a leave of absence paid?**
Often not. FMLA leave is unpaid, and in the Department of Labor’s 2018 surveys about a third of people who took leave got no pay while away. Your policy should say clearly which kinds of leave are paid, partly paid or unpaid.

**How long can a leave of absence last?**
FMLA allows up to 12 workweeks in 12 months for eligible employees, or 26 for military caregiver leave. Company policies often allow longer for sabbaticals or personal leave, and the ADA may require more as a reasonable accommodation.

**Is my job protected during a leave of absence?**
For eligible employees, FMLA leave is job-protected. Other leave depends on local law and your employer’s policy. A good policy says plainly that people return to the same or a similar job.

## Sources (read 2026-10-13)

- [dol-fmla-survey] U.S. Department of Labor, Chief Evaluation Office (prepared by Abt Associates), “Employee and Worksite Perspectives of the Family and Medical Leave Act: Executive Summary for Results from the 2018 Surveys” (July 2020): https://www.abtglobal.com/files/Projects/PDFs/2020/whd_fmla2018surveyresults_executivesummary_aug2020.pdf
- [bls-ebs] U.S. Bureau of Labor Statistics, “Employee Benefits in the United States Summary” (September 25, 2026): https://www.bls.gov/news.release/ebs2.nr0.htm
- [dol-fmla] U.S. Department of Labor, Wage and Hour Division, “Family and Medical Leave Act” (No date stated; read October 2026): https://www.dol.gov/agencies/whd/fmla
- [eeoc-ada-leave] U.S. Equal Employment Opportunity Commission, “Employer-Provided Leave and the Americans with Disabilities Act” (May 9, 2016): https://www.eeoc.gov/laws/guidance/employer-provided-leave-and-americans-disabilities-act
- [govuk-carers-leave] GOV.UK, “Unpaid carer’s leave” (No date stated; read October 2026): https://www.gov.uk/carers-leave

## In Shuffl

Use in Shuffl: [Knowledge draft](https://shuffl.ai/app/knowledge?template=leave-of-absence). Opens a Knowledge draft with this policy, its checks and what Shuffl already knows, like your HR contact and countries. Draft with Mello can write the rest and show where each value came from. Nothing is published until you choose Publish.

Guide: [Add a policy to Knowledge](https://shuffl.ai/docs/knowledge#add)

## Related terms

- [Employee benefits](https://shuffl.ai/glossary/employee-benefits)
- [Paid time off](https://shuffl.ai/glossary/paid-time-off)
- [Absenteeism rate](https://shuffl.ai/glossary/absenteeism-rate)

All templates: https://shuffl.ai/templates

Agent documentation index: https://shuffl.ai/llms.txt