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Medical leave of absence

What is a Medical leave of absence?


A Medical leave of absence is a type of leave afforded to employees of a company that face medical conditions that hamper their physical and/or mental health to the point that they are no longer in the capacity to perform key job responsibilities. 


How long can you take a Medical leave of absence?


The Family and Medical Leave Act (FMLA) leave allows employees to take only up to 12 weeks off in a 12-month period. If an employee’s absence is not protected by the FMLA, then it’s considered a non-FMLA medical leave. However, their leave may still be protected under the ADA and ADA Amendments Act (ADAAA). 


What are the pay requirements for a Medical leave of absence?


The employer is not required to provide paid leave for medical leave of absence. Additionally, employers that provide forms of paid leave, such as paid sick leave or paid vacation, may require employees to use their accrued leave as part of the 12-week period. 


Who qualifies for Medical leave?


The FMLA affords a broad definition of what qualifies for medical leave: Any serious health condition that makes employees unable to perform the functions of their position. Employees have to coordinate with their healthcare providers to certify that their condition renders them unable to perform any of their key functions.