Time Off

What Is a Leave of Absence?

A leave of absence (LOA) is an extended, formally approved period away from work that goes beyond ordinary paid time off, during which the employee remains employed and normally keeps their job and benefits. It can be paid or unpaid, and it is either mandatory — protected by law, such as FMLA, military, or jury duty leave — or voluntary, granted at the employer's discretion for things like study, caregiving, or a sabbatical.

How a Leave of Absence Works

  • 1The employee submits a written request with the reason, expected start date, and expected duration.
  • 2HR determines whether it is a protected leave (FMLA, ADA accommodation, military, jury duty) or a discretionary one.
  • 3The employer confirms in writing whether it is paid or unpaid, what happens to benefits, and what the return date is.
  • 4Any statutory notice and certification requirements — such as FMLA medical certification — are completed.
  • 5The employee is reinstated to the same or an equivalent role where the law or policy requires it.

Protected vs Discretionary Leave

The distinction that matters is whether the leave is legally protected, because that determines whether you may say no. FMLA gives eligible employees at covered employers up to 12 weeks of unpaid, job-protected leave in a 12-month period for serious health conditions, a new child, or certain military family needs — with reinstatement rights at the end. USERRA protects military service leave, and state jury-duty statutes protect court service. The ADA may also require unpaid leave as a reasonable accommodation even where FMLA does not apply or has been exhausted, which is the point employers most often get wrong. Discretionary leave — a sabbatical, an unpaid career break, extended personal leave — carries no such protection and is governed entirely by your own policy, which is exactly why that policy should be written down and applied consistently to avoid discrimination claims.

Long Absences Without the Spreadsheet

ClockIt records extended leave as its own category so it never gets confused with ordinary PTO, keeps the start, expected return, and paid/unpaid status against the employee record, and keeps them off schedules and timesheets for the duration — so payroll and rotas stay correct across a multi-week absence.

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Frequently Asked Questions

Is a leave of absence paid or unpaid?
Either. FMLA leave is unpaid unless your policy or state law says otherwise, though employees can often be required to use accrued PTO concurrently. Discretionary leave is paid only if your policy says so.
What is the difference between a leave of absence and PTO?
PTO is short, comes from an accrued balance, and needs no specific reason. A leave of absence is longer, requires a stated reason, is formally documented, and is often unpaid — it exists for situations PTO was never sized for.
Can an employer deny a leave of absence?
Only if it is not legally protected. FMLA, military, jury duty, and ADA-accommodation leave generally cannot be refused for an eligible employee. Discretionary leave can be declined, but apply your policy consistently.
Do you keep your health insurance during a leave of absence?
During FMLA leave the employer must maintain group health coverage on the same terms as if the employee were working. For unprotected leave it depends on your policy and plan terms, so confirm it in writing before the leave starts.

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