What Are the Differences Between Personal Leave & FMLA?

Federal law is what distinguishes employee personal leaves of absence from employee leaves of absence that are covered by the Family and Medical Leave Act (FMLA). There are no federal laws requiring employers to offer any type of personal leave. By contrast, federal regulations require certain employers to provide leave under the provisions of FMLA.

FMLA Basics

FMLA regulations apply to both public sector and private sector employers. Companies that employ 50 or more people 20 weeks out of the year are required to provide up to 12 weeks of unpaid leave to eligible employees. An employee is deemed eligible if she has worked for the company for a period of 12 months, and during that 12-month period has completed 1,250 hours of work. A full-time schedule generally consists of 2,080 hours per year, therefore, employees who work less than full-time may be eligible for FMLA leave.

Personal Leave Basics

There exists no federal law that requires employers to provide employees with the option for a personal leave of absence. However, in good faith, many companies have internal workplace policies for granting employee requests for personal leave. In addition, some employers' benefits packages include a formal sabbatical process. This is a benefit particularly common within academic institutions, allowing professors to take time from their teaching responsibilities to pursue independent research or personal endeavors. Employers that provide a form of personal leave typically have a written policy and guidelines for requesting non-FMLA leave.

FMLA Leave Criteria

FMLA provisions have rigid criteria for approval. The leave must be for the serious health condition of the employee or a member of the employee's family (giving birth qualifies). The FMLA regulations also define who qualifies as a family member as well as the extent to which a serious health condition meets the criteria under the FMLA. Employees on FMLA must provide their employers with a physician's written certification of the employee's condition and anticipated time off from work. Employers are entitled to regular status updates about the employee's condition throughout FMLA leave. Employers must provide job protection during an employee's FMLA leave. This means upon returning to work, the employee must be reinstated to the same job he had before taking FMLA leave or a job of equal status, pay and working conditions. The law also requires that employers continue health benefits coverage during an employee's FMLA leave.

Personal Leave Criteria

In many cases, granting personal leave or a sabbatical is at the discretion of the manager or the human resources department. Companies that offer personal leave options may do so to demonstrate compassion for employees who are not eligible for FMLA but desperately need time off to resolve health or personal challenges. The criteria for personal leave are not uniform and during a personal leave, the employer is not necessarily privy to updates concerning the health or medical condition of its employees. However, as a courtesy to the employer, those on personal leave may keep the company up-to-date on factors involving the leave.

References

• U.S. Department of Labor, Wage and Hour Division: Family and Medical Leave Act
• New York University: Leave of Absence - Personal
• Findlaw: Military Service and Re-Employment Rights
• U.S. Department of Labor: Uniformed Services Employment and Reemployment Rights Act (USERRA) Information
• Lewis & Clark University: Personal Leave of Absence

Resources

• HR.com
• Society for Human Resource Management
• National Human Resources Association
• U.S. Equal Employment Opportunity Commission
• Employee Benefits Research Institute
• Workforce Management