Medical Leave of Absence | Meaning

Due to injury, sickness, or any sort of condition that incapacitates mental or physical health, an employee is granted a medical leave of absence. Similar to other types of leave, medical leave of absence needs to adhere to certain regulations and address the employee engagement ramifications.

As per the Family and Medical Leave Act (FMLA), to qualify for medical leave, an employee must have a serious health issue that renders him/ her unable to accomplish the job responsibilities. The ailment of an employee is certified by their healthcare providers, stating that they are impotent to carry out any critical function associated with their role.

Rights of employees under the Law

  • An employee is entitled to determine the eligibility for leave by the employer promptly.
  • An employee is entitled to join back the position or a position substantially similar to that post-leave period.
  • An employee is entitled to utilize the leave period intermittently.
  • An employee is secured from retaliation for using the right to take leave from work.
  • An employee is secured from the interference of the employer with the FMLA rights.
  • An employee is entitled to maintain the benefits of health insurance when on leave (however, you might be pressed to reimburse the insurance premiums while you are away).

Pay requirements and length for a medical-leave-of-absence

The FMLA states the provision of up to 12 weeks of absence from work for medical purposes. Other FMLA categories of leave allow employers to not provide paid leave. Furthermore, employers furnishing paid leave forms may want employees to utilize their rolled-up leave, integral to a 12-week period.