What is a medical leave of absence?

A medical leave of absence is time away from work because of an employee’s own health condition. In the US it can be protected by the FMLA, required by the ADA as an accommodation, covered by state law, or simply granted under company policy.

In shortA medical leave of absence is an extended period away from work for an employee’s own illness, injury, surgery or recovery. Several laws can apply at once. Under the Family and Medical Leave Act, an eligible employee of a covered employer can take up to 12 weeks of unpaid, job-protected leave in a 12-month period for their own serious health condition, and the employer can ask for medical certification. The regulation says the employee must provide it within 15 calendar days after the request, unless that is not practicable despite the employee’s diligent, good faith efforts. The Americans with Disabilities Act adds a separate duty. The EEOC says an employer must consider unpaid leave as a reasonable accommodation for an employee with a disability, even when the employee has used up the leave the employer provides as a benefit, including FMLA leave. A maximum leave policy is allowed, but the employer may have to grant more as an accommodation, and requiring an employee to have no medical restrictions before returning can violate the ADA. Many states add their own medical leave, paid sick leave or disability insurance programs. Pay during the leave usually comes from sick leave, PTO, short-term disability insurance or a state program, not from the leave law itself.

Which rule might apply

Medical leave sources
Source Who it covers What it gives
FMLA Eligible employees of covered employers Up to 12 weeks unpaid, job-protected leave, certification within 15 days
ADA Employees with a disability, employers with 15 or more employees Leave as a reasonable accommodation, even beyond policy limits, unless undue hardship
State law Varies by state Medical leave, paid sick leave or disability insurance
Company policy As written Paid or unpaid leave beyond the law

See FMLA for eligibility, disability leave for pay during leave, and the FMLA guide for employers for notices.

Leave after back surgeryFMLA12 weeksADA leave4 more weeksBack to work in week 17
When FMLA leave ends, more leave can still be a reasonable accommodation under the ADA.

Worked example: when FMLA runs out

Week 13 after back surgery

A warehouse forklift operator who is FMLA eligible has back surgery and takes 12 weeks of FMLA leave. The company asked for certification on the first day, and he returned it on day 9, inside the 15 days. Near the end of week 12 his doctor says he needs four more weeks before he can lift.

The company’s policy says employees who cannot return after FMLA are separated. HR stops before applying it. His condition may be a disability under the ADA, so the company has to consider four more weeks of unpaid leave as a reasonable accommodation, even though his FMLA leave is used up.

The company concludes that four more weeks with a definite return date would not be an undue hardship for a 200-person warehouse, so it grants the leave and covers his shifts with overtime and a temporary driver. He returns in week 17. Applying the policy automatically would have created the exact ADA risk the EEOC describes.

Mistakes that are specific to medical leave

Managing the return to work

Plan the return before the leave ends. Under the FMLA, an employer can require a fitness-for-duty certification before an employee returns from leave for their own serious health condition, if it has a uniformly applied policy and told the employee in advance. The certification can address only the condition that caused the leave.

During FMLA leave, group health coverage continues on the same terms as if the employee had kept working, and the employee generally returns to the same or an equivalent job. Keep in touch during the leave in a way that respects it: confirm the expected return date, and do not assign work.

Second example: a return with restrictions

A cook returns from 8 weeks of FMLA leave after knee surgery. The restaurant’s policy requires a fitness-for-duty note, and he brings one that clears him to return with no more than 6 hours of standing a day for 3 weeks.

The restaurant treats the restriction under the ADA as well as the FMLA. It schedules him on 6-hour prep shifts with a stool at the station for 3 weeks, then moves him back to his regular line shifts when the restriction ends.

Check the ADA before week 12 endsPut a reminder at week 10 of any medical leave to ask whether the employee expects to return on time. If not, the ADA conversation can start before the FMLA ends, not after a separation letter has gone out.

Questions people ask

How long can you take a medical leave of absence?

Under the FMLA, up to 12 weeks in 12 months if you are eligible. The ADA, state law or company policy can allow more.

Is a medical leave of absence paid?

FMLA leave is unpaid. Pay may come from sick leave, PTO, short-term disability insurance or a state program.

Can I be fired while on medical leave?

FMLA leave is job-protected. An employer can still act for reasons unrelated to the leave, but it cannot penalize the employee for taking protected leave.

What happens when FMLA leave runs out?

The employer should consider whether more leave is a reasonable accommodation under the ADA before ending employment.

Can an employer require a doctor’s note to return from medical leave?

Under the FMLA, yes, if the employer has a uniform fitness-for-duty policy and told the employee in advance.

Do benefits continue during FMLA leave?

Group health coverage continues on the same terms as if the employee were working. The employee pays their usual share of the premium.

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Related reading

See who is off before you build the schedule

Time off requests, approvals and the schedule sit side by side, so coverage gaps show up before the week starts.

Disclaimer: Treat this guide to medical leave of absence as general information rather than legal, payroll or tax advice: rules vary by location and change, and every example here is fictional.