What Are The Main Types of Mandatory Leaves from Work in the US?

Even the most engaged employees can have periods in their lives when they need to take a temporary leave from work. This is when a leave of absence is required for employees dealing with unusual situations. A leave of absence is time allowed away from work that the employee requests to address exceptional life circumstances. Leaves from work can be voluntary, mandatory, compensated, or uncompensated. Mandatory leaves are required by federal or state law, while the employee and the company determine voluntary leaves.

A leave policy clarifies an employee’s responsibilities regarding time off from work. A leave policy is a document that outlines the procedure and various types of leaves. The employer often creates the leave policy and must present it to the employees. Such policies are required to cover the different types of leaves.

Types of Mandatory Leaves From Work

It is important to note that mandatory leave is governed at the federal level by the Americans with Disabilities Act (ADA) and the Family Medical Leave Act (FMLA).

Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) protects people with disabilities from discrimination in various settings, including employment, education, transportation, accommodation, access to state and local government programs and services, and all other public and private places that are open to the general public. The ADA applies to companies that employ 15 or more people regarding leave from work. Under this act, the company must provide no set duration of unpaid time off. The period of leave given is based on the occupation and the employee’s condition and must be decided individually.

Family and Medical Leave Act (FMLA) (up to 12 weeks of unpaid leave)

Family and Medical Leave Act is a US law that requires employers to grant an unpaid leave of absence from work to employees in case of medical, health or other serious family issues. In addition to serving as guidance for employers, the FMLA is designed to give families the time they need to handle personal emergencies. According to the act, the employee may take up to 12 weeks of leave if he satisfies the following requirements:

  • working in a company that has more than 50 employees
  • working at least 1,250 hours during the last 12 months before the leave
  • being employed in a company that is located not more than 75 miles away from the employee’s place

The FMLA offers a job-protected leave, meaning that the employee returns to his or her position after taking time off. Note that the employer should offer an equivalent position in terms of income, benefits, and responsibilities if the same position is unavailable.

Public Holidays (paid leave on holidays)

Public leaves are days off from work on public holidays set by the government. Every institution, including schools, banks, federal agencies, and even nonprofit and private organizations, is mandated to provide these days as paid leave. Employees are not required to earn the payment; however, the days off should fall on the dates when the employee normally works. Furthermore, an employer is still entitled to pay for public holidays even if employees take vacation or sick leave.

In 2024, the U.S. government recognized ten public holidays throughout the year, which are listed below:

  1. New Year’s Day: January 1
  2. Martin Luther King Jr. Day: Third Monday in January
  3. Washington’s Birthday: Third Monday in February
  4. Memorial Day: Last Monday in May
  5. Juneteenth: June 19
  6. Independence Day: July 4
  7. Labor Day: First Monday in September
  8. Veterans Day: November 11
  9. Thanksgiving Day: Fourth Thursday in November
  10. Christmas Day: December 25

Voting Leave (election day)

Voting leave is paid leave from work on election day when employees get paid to participate in elections. Though federal law does not require the employer to give his employees paid leave on voting day, most state laws mandate a paid day off on election day. Allowing employees to take paid time off to vote is a solid practice, even in states without a law requiring it. This makes firms more competitive in a market with thousands of companies. Besides, this is done to ensure everyone has an equal voting opportunity.

Military Leave (30 days of paid leave per year)

Military leave is a paid leave of absence from work that is granted to employees who are on either active or inactive duty in the US National Guard and Reserve of the Armed Forces. Military service member-employees earn 30 days of paid leave each year. They may apply for leave at any time; however, they are to provide written or verbal advanced notice of the upcoming military service or training along with a copy of the army order at least two weeks before the leave-of-absence start date. For the term of military leave, an employee’s civilian salary remains unchanged, including any premium pay they would have earned in case of working.

Jury Duty Leave (from a few days to a few months)

An employee duly summoned to serve as a juror in a court or judicial process is entitled to a leave of absence called “jury duty leave.” There is no federal law requiring employers to compensate employees for time off for jury duty. However, some states do have laws obligating compensation for jury duty. The duration of jury duty depends on the case in court. An employee may serve on a jury trial for a case that goes on for months; furthermore, he might also be obliged to stay at a hotel with no outside contact. Thus, jury duty policies should take all these considerations into account.

It can be difficult to memorize the multiple federal, state, and local requirements regarding the mandatory types of leave from work. We have covered the primary mandatory leaves from work to highlight each key feature and underline the significance of having those in your leave policy contract.