An unpaid leave of absence is where a worker takes some time off from work while retaining their status as a hired employer. By definition, the employee is not paid during their leave of absence (LOA). This is different from other types of leave wherein the employee continues to receive pay or benefits.
The length and terms of an unpaid leave of absence will depend on many factors, including company policies, individual employment, and state laws. For instance, the availability of unpaid leave days per year may depend on company rules. Most instances of unpaid leave result from voluntary requests from the worker for medical, family, or personal reasons.
Unpaid leave is generally a normal aspect of most work arrangements. However, they can sometimes lead to certain types of disputes and legal issues. These may include:
Lastly, unpaid leave disputes can often arise in connection with an employment contract. For instance, in a contract, some employers may specify the amount of unpaid leave that is available for a worker. Failure to follow the terms of the contract can result in a legal claim.
If you have a dispute over an unpaid leave issue, you may need to take legal action. This may involve:
In some cases, monetary damages may be available for lost wages, along with other types of remedies. Legal remedies may depend on state law as well as the facts in each case.
Unpaid leave disputes can often involve some complex areas of law. It may be in your best interests to hire an employment lawyer in your area if you have any legal issues involving a leave of absence. Your lawyer can provide you with legal advice and research to help determine what an appropriate remedy for you might be. Also, your lawyer can represent you as you make appearances in court hearings or meetings.
Last Modified: 05-07-2015 12:14 PM PDTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.