Leave of Absence Information
Leave of absence (LOA) is a term used to describe a period of time that one is to be away from his/her primary job, while maintaining the status of employee. This term is in contrast to normal periods away from the workplace, such as vacations, holidays, hiatuses, sabbaticals, and "working from home" programs, in that they are considered to be exceptional circumstances, rather than benefits. Generally such an arrangement has a predefined termination at a particular date or after a certain event has occurred.
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Classifications
Paid leave
See also: Paid time offGenerally, paid leave of absences are given at the request of the employer, or per some statutory or contractual requirement. Some examples of typical paid LOA are employee injury on the job, bereavement, jury duty, or if the employer is performing repairs or other activities in the building where the employee normally works which prevents them from performing their duties.
Unpaid leave
Unpaid LOA's are generally at the request of the employee or as a result of suspected misconduct on the part of the employee. A leave of absence may be obtained for a variety of employee-requested reasons, including Active duty call-up for reserve military personnel, or to attend to the health needs of the employee or of a family member of the employee.
In many jurisdictions, it is up to the employer's discretion as to whether an employee's request for a leave of absence is granted or not. In the United States, the Family and Medical Leave Act of 1993 defines certain circumstances under which approval of a leave of absence is compulsory. As well, the Uniformed Services Employment and Reemployment Rights Act (USERRA) dictates certain circumstances under which a LOA must be granted.
During periods of time where the employer's market is sluggish, some employers offer certain classes of employees an opportunity to take an unpaid leave of absence as extra vacation time, in an effort to temporarily reduce operating expenses without the complications of performing a Layoff, and potentially losing critical employees permanently. Such a period is referred to as a leave of absence in lieu of layoff.[1]
Continuation of benefits
Generally, continuation of certain benefits, such as medical insurance, is maintained. Other benefits such as Life Insurance normally require the employee to pay the premium in order to be continued during the LOA.[2]
For those benefits that are based on an employee's time in his/ her job, the period of the absence may be included in the tallies of consecutive service for certain benefits. If the time is not included, it is simply omitted from the tally, but not considered a break in service.
See also
References
External links
- Family and Medical Leave Act of 1993
- Full Text of the Family and Medical Leave Act of 1993 - FMLA - 29 U.S. Code Chapter 28
- Senate roll call vote
- House roll call vote
- Nevada Dept. of Human Resources v. Hibbs
- Benefits and Leave Resources
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month and back hopefully in Februray I ll try and get some times using other means i e the school library but I won t be able to spend any great amount of time on here for a while Bye
Thu, 10 Mar 2011 13:45:50 -0800
... (Westlaw Journals) - A federal judge in San Francisco has ordered a trial on a former Bayer Healthcare supervisor' s claims that the company violated California law by refusing to return him to his job after he took a disability a leave of absence . ...
The University of Utah Office of the Registrar 201 S 1460 E RM 250 N Salt Lake City UT 84112 Undergraduate Leave of Absence International Center Official ...
www.sa.utah.edu/regist/pdfs/UndergraduateLeaveofAbsence.pdf