15 Types of Leave You Need to Know as an HR Pro

According to Forbes, you can’t deliver great customer service unless you cultivate a good employee experience. To do this, you need to be aware of the different types of leave your employees may be entitled to—paid or unpaid.

It’s important to understand your staff’s personal lives, and what’s important to them. Allowing your workers to have paid time off (PTO) for significant occasions helps to show that you support and value them—and is beneficial to employee engagement.

Nailing employee engagement can help businesses to navigate tough economic times. If you’re not prioritizing your staff, they may look elsewhere for a better work-life balance. It could also lead to demotivation and absenteeism.

This article will go into detail on what a leave of absence is, different types of leave, and more. Stay on top of your employees’ leave with BambooHR’s Time and Attendance software.

What is a leave of absence?

A leave of absence is an extended period off work, usually reserved for special circumstances. It’s different to paid time off (PTO) but is still authorized by the employer. Some forms of leave of absence are legally protected.

A leave of absence is usually reserved for medical reasons, civic duty or military service. But some types of leave may also be used when starting a family, caring for an unwell relative— and can even be requested if you’re going through a divorce or moving homes. Although in these latter circumstances you may be asked to use PTO first.

It’s important to bear in mind that not all leaves of absence are paid. And while it can be great for improving employee wellbeing, it can be tricky to navigate a leave policy that complies with federal and state regulations.

Types of leave from work

There are many different types of leave from the workplace, some of which are paid time off, and others may be considered a voluntary leave of absence and are unpaid. Employers have their own policies—if you don’t already, it’s essential you put one in place. It’s also important to comply with any state or federal regulations too.

This guide will clarify what each type of leave involves:

1. Paid time off
2. Maternity and paternal leave
3. Sick leave
4. Jury duty leave
5. Religious observance leave
6. Disability leave
7. Bereavement leave
8. Military leave
9. Sabbatical leave
10. Garden leave
11. FMLA leave
12. Time off in lieu
13. Public holidays
14. Voting leave
15. Study leave

How many types of leave are there?

Leave of absence policies are unique to each company. Some types of leave also fall under more general employee perks. They may fall into categories of health, personal breaks or bereavement. This article will focus on 15 of the more common types of leave, from paid time off to study leave.

Paid time off

Paid time off is leave from work compensated by employers, usually measured in hours.

Traditional PTO policies are issued at intervals to new employees and increase the longer they stay with the organization. Paid time off is not the same as other types of leave that may be legally protected (like maternity leave or FMLA leave), furlough, or unpaid leave.

Organizations may use a leave of absence tracking software to keep an eye on staff absences.

Maternity and parental leave

Maternity leave is time away from work that a new mother takes after giving birth or adopting a child. The US doesn’t have a national paid family leave policy, so paid time off depends on the employer’s employee benefits package. The Family and Medical Leave Act (FMLA) does provide some job protection after birth, though unpaid.

Many companies also offer paternity leave for fathers, or parental leave for both parents. A good maternity leave policy provides countless benefits to employees, and even helps employers to retain their workforce.Some states use employee-paid payroll taxes to fund paid maternity leave.

Sick leave

Sick leave is time off for employees that are unable to work due to illness. Some company policies allow workers to take sick leave to care for themselves or an immediate family member. Depending on the situation, sick leave may be paid or unpaid time off.

There is no federal legal requirement for an organization to provide paid sick leave, but it’s an important benefit for employee wellbeing.

Jury duty leave

Jury leave is time off to participate in jury service—considered a civic duty. Jury members listen to testimony, review evidence and come to decisions in civil and criminal trials.

Most citizens in the US over the age of 18 can serve on a jury. Courts use the respective state’s voter list when sourcing prospective jurors and then select randomly.

The term of jury service is usually one week—but can extend for longer until the court dismisses the juror. Once assigned to the jury panel, the juror will stay on the case until released by the court. There is no requirement for employers to pay employees for time not worked, but their job is protected for the time an employee is on jury duty.

Religious observance leave

Religious leave is a type of leave that allows employees to take time off to observe religious practices, holidays or duties.

As long as there is no effect on the completion of work, the employee must be able to work alternative hours to meet their religious obligation. Employers are not required to pay employees for hours accrued from adjustments to their normal work schedule.

Religious leave supports diversity and inclusion in the workplace by respecting the rights of employees to observe religious practices.

Disability leave

The Americans with Disabilities Act (ADA) refers to disability leave as providing qualify workers with the right to take a work leave of absence or to reasonable accommodation. These workers being those who are substantially limited in one or more major life activities, due to physical or mental impairment.

Within disability leave, reasonable accommodation refers to a change in workplace policies, facilities, or how work is done. The ADA law applies to employers with 15 or more workers. The ADA defines “major life activities” as the basic activities that an average person can perform with little or no difficulty, including eating, walking, seeing, speaking and breathing. It also includes sensory functions like seeing and hearing.

The length of time an employee can be on leave from work will depend on the specific circumstances but must be considered a “reasonable accommodation”.

Bereavement leave

This type of leave is a workplace policy that enables employees to take time off after the death of a family member or loved one. When dealing with grief, work should be the last thing on your employee’s mind. Bereavement leave allows employees time to grieve away from work and can help to show your support in a challenging time.

Bereavement leave and compassionate leave are terms often used interchangeably. Compassionate leave sometimes encompasses more, including caring for an unwell family member. In the US, there are no federal mandates for bereavement leave. But some states, including California, Illinois and Maryland, have formed their own regulations to protect employees.

Organizations are not legally required to provide paid time off for bereavement or to attend a funeral. But offering this can help improve employee wellbeing and engagement by supporting a healthy work–life balance.

Military leave

Military leave provides members of the US armed services (and armed services reserves) a protected leave of absence from civilian employment while on duty. Time off for military leave can range from a few days to several weeks, or even up to a year.

To qualify for military leave the employee must provide employers with advance notice about their upcoming military service or training. It's protected by law as long as the time away doesn't add up to more than five years total (with some exceptions).

Military leave is unpaid, but employers must reserve the employee's job for them, or give them a similar position when they come back.

Time on military leave also counts toward promotions, raises, and benefits increases, just like they never left. For example, if someone takes a year off for military leave, they must get their job back and get any pay raises that peers at their level received.

Sabbatical leave

A sabbatical is an extended type of leave that allows employees to pursue other personal or professional interests. It may be paid or unpaid. The length of a sabbatical varies by organization but can range anywhere from a few weeks to a year.

If your company is looking to develop a sustainable sabbatical program, here are some actionable steps to get started:

• Determine eligibility and sabbatical length. Decide when employees will be eligible for a sabbatical and how long the break can be for.
• Decide on compensation structures. Specify if your employees will get paid for the leave of absence, and if it’ll be their full salary or a percentage of it.
• Set limits. Define any specifications around the sabbatical, from time limits to whether it must be taken in one go or broken up into smaller segments of time off.

Garden leave

Garden leave (sometimes referred to as “gardening leave”) is a period after an employee leaves a company due to resignation or termination. During garden leave, the employee is instructed not to perform any work. In some cases, this includes self-employment.

With garden leave, the employee is still considered employed with the organization and continues to receive a regular wage or salary even though they’re not working. Employee garden leave can last anywhere from a few weeks to up to a year or more. The length depends on the terms of the agreement and the level of the employee’s experience and seniority.

Because senior employees generally have more industry knowledge and may possess more trade secrets, they’re typically obligated to longer garden leave periods to reduce the risk of them taking that knowledge to a competitor. Garden leave is a way to avoid employees from sharing sensitive information and taking key clients or customers from the company.

Family and Medical Leave Act (FMLA) leave

The FMLA enables eligible employees to take unpaid leave for specified family or medical reasons. It is also job-protected.

With this type of leave, eligible employees are entitled to 12 work weeks in a 12-month period for:

• The birth of a child and to care for the newborn, or for adoption and care for the newly placed child.
• Caring for a spouse, child or parent with a serious health condition. Or experiencing a health condition themselves, meaning they cannot complete their job function.
• Qualifying military-related emergency of a spouse, child or parent.

Time off in lieu

Time off in lieu is a form of compensation that provides employees with additional time off instead of overtime pay, for working extra hours.

This compensatory time off is a way of fairly compensating employees without adding financial pressure to the organization. This type of leave is dependent on employer policies. Make sure you’re aware of the most recent laws and regulations in this area to ensure your employees still get the compensation they’re entitled to.

Offering time off in lieu to staff who aren’t entitled to overtime pay can reward them for their efforts and help towards a positive work-life balance.

Public holidays

Many organizations offer a fixed number of paid holidays within their compensation package—which may include Thanksgiving, Christmas Day, New Year’s Day and Independence Day. But this type of leave is dependent on employer policies.

In the US, these holidays are typically based on federal holidays, which are established by federal law. On these days, federal offices close, and federal employees generally receive a day off. While “public holiday” is sometimes used interchangeably with federal holiday, the US does not have official nationwide public holidays outside of those recognized at the federal level.

Voting leave

Voting leave is offered so that employees can vote during working hours. This is particularly useful for workers struggling to juggle work, childcare, and their civic responsibility.

While attempts at protecting voting leave have failed to become federal law, many states do have laws that help protect employees’ right to vote. The amount of leave varies by state, but most provide one to three hours of leave.

Guaranteed paid time off to vote can help reduce barriers to voting and support your employees sense of work-life balance.

Study leave

Study leave involves employees taking time off to further their education. It’s dependent on employer policies and is not guaranteed.

Study leave may involve professional training courses, university degrees, attending conferences, or upskilling workshops outside of work. The employee may need to demonstrate to the employer how the study could benefit their current work in order for it to be accepted.

Time off for study leave can help to enrich the employee-employer relationship and boost worker satisfaction.

Offer the right leave to keep employees happy

Try to introduce policies around these types of leave to support employees working in your business and ensure they have the option to take time away from work if needed. Keep track of your employees’ time off with dedicated time and attendance tracking software and easily support your team.