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.
For those benefits that are based on an empoyee'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.
Michelle's Law Extends Group Health Benefit Plan Eligibility For Dependent Students On A Medically Necessary Leave Of Absence.
Nov 19, 2008; Michelle's Law, a new law signed by President Bush on November 8, 2008, will extend eligibility for group health benefit plan...