Leaves of Absence – Part 4 – Personal Leave of Absence

The last few weeks we’ve covered the numerous job-protected leaves that employers must comply with, such as the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA). What about leaves that aren’t tied to any state or federal regulations? 

As an employer, you are not legally required to provide time off for personal reasons. However, it is common for employers to offer a personal leave of absence for employees who may not qualify for FMLA/CFRA or for personal reasons not covered under job-protected leaves.

A personal leave of absence can be beneficial for employees who have exhausted their FMLA/CFRA job-protected leave yet need additional time off due to extenuating circumstances. Depending on the employee’s situation, you may be required by law to participate in the “reasonable accommodation interactive process.” In this case, the personal leave of absence would benefit both you and the employee during this process. 

Although not mandated by law, many employers choose to provide up to a maximum of thirty (30) days of personal leave per year, extending beyond thirty (30) days on an individual basis. Often during the personal leave, employees will not accrue time off, but they will retain their health benefits and will be responsible for their normal cost-share of benefit premiums, similar to when on a CFRA/FMLA protected leave.

It is essential to document the requirements or limitations of any personal leave benefit in your employee handbook and to administer the policies fairly and uniformly to all qualified employees. If you offer personal leave to one employee, you may set a precedent for other employees, and denying personal leave in the future may result in discrimination lawsuits. Therefore, all policies should be applied consistently. A best practice is to require the employee to submit a written request for personal leave of absence at least 30 days in advance of his or her leave. 

Company policies should include the legally required leaves offered, as well as any other types of leave available. These policies should be reviewed on an annual basis to ensure they are up to date and in compliance with current law. Contact our HR consulting team if you need guidance on policy review or compliance with the leave laws applicable to your company.