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.
| 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.
With EZTime time-off requests, employees ask for PTO from their phone and managers approve it in one place.
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.
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.
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.
Under the FMLA, up to 12 weeks in 12 months if you are eligible. The ADA, state law or company policy can allow more.
FMLA leave is unpaid. Pay may come from sick leave, PTO, short-term disability insurance or a state program.
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.
The employer should consider whether more leave is a reasonable accommodation under the ADA before ending employment.
Under the FMLA, yes, if the employer has a uniform fitness-for-duty policy and told the employee in advance.
Group health coverage continues on the same terms as if the employee were working. The employee pays their usual share of the premium.
Time off requests, approvals and the schedule sit side by side, so coverage gaps show up before the week starts.