Hiring glossary
What is a leave of absence?
A leave of absence (LOA) is an approved period away from work, longer than ordinary time off, during which the employee keeps their job and returns at the end, either under a legal right or under the employer’s discretion.
Leaves of absence split into statutory and discretionary. Statutory leave is a legal entitlement the employer must grant if the conditions are met: family and medical leave, parental leave, jury or military service and similar. Discretionary leave is leave the employer chooses to grant, such as an unpaid personal leave or a sabbatical.
In the US, the Family and Medical Leave Act gives eligible employees up to 12 workweeks of unpaid, job-protected leave in a 12-month period for the birth or placement of a child, a serious health condition of the employee or of a spouse, child or parent, and certain military family needs, with group health cover maintained. It applies to private employers with 50 or more employees in 20 or more workweeks, and to employees who have worked there for 12 months, done at least 1,250 hours in the past year and work at a site with 50 or more employees within 75 miles. Military caregiver leave can extend to 26 workweeks. In Canada, the Canada Labour Code sets out a list of protected leaves for federally regulated employees, and employees on them are entitled to be reinstated to their position. In the UK, statutory leave types include maternity, paternity, adoption, shared parental, parental bereavement and time off for dependants; from 6 April 2026 paternity leave and unpaid parental leave became day-one rights.
Discretionary leave is where policy matters most. A leave of absence policy should say who can apply, for what reasons, for how long, whether it is paid, how benefits and leave accrual are treated, how to apply and how far ahead, who approves it, how the employee keeps in touch and what happens if they do not return on the agreed date.
Whatever the type, confirm the start date, expected return date and pay arrangements in writing, and plan cover before the leave starts. This is general information, not legal advice.
Also called: LOA, leave of absence policy, unpaid leave.
Example
A US warehouse employee with two years’ service asks for eight weeks off to care for his mother after surgery. HR confirms he qualifies under the FMLA, sends the required notices, keeps his health cover running and agrees a return date, with a check-in call halfway through.
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