Legal Definitions - leave of absence

A leave of absence refers to a period during which an employee is temporarily excused from their regular work duties, with the explicit understanding and expectation that they will return to their position afterward. This approved time away typically ensures that the employee's job status, including their salary level, benefits, and accumulated seniority, remains protected and unaffected.

• Example 1: Family Care Leave

  Imagine Sarah, a project manager, needs to take three months off to care for her elderly mother who is recovering from a serious illness. Her company approves her request for a leave of absence under their family leave policy.

  This illustrates a leave of absence because Sarah is temporarily stepping away from her work responsibilities, but with the clear intention and agreement to return to her project manager role once her mother has recovered. During this time, her job is held for her, and her seniority continues to accrue.

• Example 2: Professional Development Sabbatical

  Consider David, a senior architect at a design firm, who is granted a six-month leave to pursue a specialized certification program in sustainable building practices. The firm views this as an investment in his skills, which will benefit them upon his return.

  This is a leave of absence because David is taking a temporary break from his architectural duties for professional growth. Both David and his employer anticipate his return to the firm, and his position, along with his benefits, is maintained throughout his educational period.

• Example 3: Personal Medical Leave

  Suppose Maria, an accountant, requires surgery and several weeks of recovery time. She applies for and receives approval for a medical leave of absence from her employer.

  This demonstrates a leave of absence as Maria is temporarily unable to perform her job due to health reasons. Her employer has approved her time away, and she fully intends to resume her accounting duties once she has recovered, ensuring her employment status and benefits are secure during her absence.