What Is a Medical Leave of Absence? | Everything to Know About It

Some employees have rights they're not aware of. The leave of absence is one that allows them to take time off from regular work. How does it work?

Life is unexpected. Employees may sometimes experience health problems that could affect their performance at work. Whether it was an accident, illness, or even a mental health condition, this can affect more than just themselves.

Thankfully, eligible employees could take some time off and protect their jobs through their medical leave of absence. Below is everything to know about the topic.

What's Considered a "Medical Leave of Absence"?

It's a "job-protected leave."

Essentially, it allows employees to take time off from work for a specific period due to a serious health condition. The medical leave of absence isn't the same as paid leave rights.

Technically, employees can take their medical leave alongside (or after) using their paid leave. Employers can't deny the absence, but the employee's reason for it must be valid. Usually, this is an unpaid leave.

What Is the Family and Medical Leave Act?

The Family and Medical Leave Act (FMLA) is the entity responsible for determining who's eligible for taking a medical leave, as well as which events qualify for a leave of absence and other related factors.

Simply put, the FMLA protects the jobs of workers during "medical crises or the birth/adoption of children." It also offers support in striking a balance between family and work.

Which Events Qualify for a Medical Leave of Absence?

Not all events are covered by federal law. Employees would have to check first before submitting their request to their employer. According to the FMLA, these are the eligible events:

- Recovering from a serious medical condition

- Caring for a child after birth, adoption, or foster care placement

- Qualifying exigency leave

- Caring for a covered service member with a serious medical condition

- Caring for a family member with a disability or medical condition

What is a qualifying exigency? It's any need to leave related to a family member's military service. Qualifying exigencies may include attending military events, going to therapy sessions, caring for the person's children or parents, etc. For more information, a top-rated workers comp attorney in Columbus may be able to help.

Does a Medical Leave of Absence Apply for Mental Health Conditions?

Employees have the right to take a leave of absence to support their mental health.

They have to speak to a mental health professional to begin. Then, they would have to get a diagnosis and start a treatment plan. Employees don't need to send diagnoses to their employers to request a medical leave. However, it's recommended to start the treatment to determine which options are available for the person.

While employers can't explicitly request a diagnosis, they can ask for enough additional information to determine that the FMLA covers that request. In some cases, the employer may offer different alternatives to the worker to ease the issue if it's stress-related, such as working from home, changing the schedule, or another strategy.

It's crucial to understand the difference between paid and unpaid leave in cases of mental health conditions. They may vary depending on the business. The length of the absence also varies.

As the treatment plan progresses, the employee may have to stay communicated with their healthcare provider and employer to discuss their return to work.

Who Is Eligible for a Medical Leave of Absence?

Any employee working for a covered employer can take an FMLA leave. However, they must meet certain eligibility requirements, such as:

- Must have worked for the employer/company for at least 12 months (one year)

- Must have done at least 1,250 service hours in those 12 months before taking the leave of absence

Those interested in checking out the rest of the requirements can go to the FMLA website.

How Long Can an Eligible Employee Take for Their Medical Leave?

People can take up to 12 weeks of unpaid time off in a calendar year. The employer is responsible for defining this period. In some cases, it's a calendar year, whereas other employers decide to work with a 12-month rolling period.

Employers must send a notification about the hours, days, or weeks that will count against the employee's FMLA leave entitlement.

It's crucial to discuss the terms of the policy with the employer before submitting any request. Not all employers will work with the same guidelines, and others will require a few documents (such as a medical certification) before following through with the request.

Everyone should be aware of what's happening to avoid misunderstandings and other conflicts in the future.

The "Medical Leave of Absence" is only one right among many. Some employers offer other options like sick and personal leave, vacation time, and paid time off (PTO).

If an employer isn't allowing their worker to submit their request for unpaid leave, they should seek legal advice from a professional.

Is It Possible to Extend a Leave of Absence?

Technically, an employee could request an extension of their leave of absence. However, it's up to the employer to accept it or not.

Employees are legally entitled to time off in certain situations. It would be in the employer's best interest to grant the extension if they want to retain valuable talent. However, this varies depending on the case.

About Disability Insurance

People who get into an accident or have a medical condition that prevents them from working as before can take a "disability leave."

Short-term disability insurance covers some (or all) of the worker's income if they can't work due to an injury or illness. They usually have to wait a short period until they receive the money. Most of the time, the person will have to provide a medical certification to get income. Regarding time, the coverage usually lasts less than 12 months.

This type of insurance provides peace of mind to those who can't afford their treatment. It also covers them financially, at least until they're ready to return to work.

There's also long-term disability insurance, which is meant for more complicated matters. If the worker can't return to work after the short-term leave, they may have to file for this kind of insurance.

To apply, the illness/injury must last more than 90 days and impair their ability to work normally.

Long-term disability could result in early retirement, which affects coverage. The coverage period varies depending on the insurance provider, the company's policies, and other factors. This money is supposed to pay for lost income and the person's financial security.

How Does an Employee Write a Medical Leave Email?

Emails are one of the most common ways to request a medical leave of absence. It should be professional, concise, and informative.

The email must start with a formal salutation, stating the purpose immediately. If possible, the employee should provide specific dates of the absence and any scheduled treatments or appointments during that period (if they exist).

While it's not necessary, it helps to include supporting documents for the request. These documents include a doctor's note, for example.

Most of the time, it's a great idea to finish the email by expressing gratitude to the employer for understanding and assuring them that they will receive any pending work before the absence. The email should end with the employee's contact information.

This is only the basic version of what the email should look like. The best way to come up with a solid request is to review the company's policies, check what the requirements are, and write an email based on that. Another thing that helps is to review the U.S. Department of Labor website.

It has more information about the Family and Medical Leave Act, as well as other relevant articles about the federal law. Certain states have specific rules surrounding leaves of absence, so checking in with the company's HR department isn't a bad idea.

Finally, those in need of legal help can always talk to a professional lawyer. These experts can review the employee's case and help them come up with the best solution to their problem. They can also explain what qualifies for medical leave in Ohio.

Bottom Line

All employees deserve to work at their full potential. Life gets in the way sometimes, and it's hard to predict what will happen. Even if it's a mental health issue, the slightest problem can affect a person's work-life balance significantly.

That's where the medical leave of absence comes in handy. It allows the person to protect their job, ensuring they can focus on their recovery or care if they have to treat someone else.

No one can do their best work when they're hurt or anxious, so why not take advantage of what the law offers? Larrimer & Larrimer ensures that everyone in Columbus, Ohio, understands their rights. Anyone who feels like their rights aren't being respected can seek a free consultation with the team.

Some employers may be hesitant to approve a leave request, and that's when the law firm comes in. Those who want legal advice will get help from a comprehensive law team.