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Other leaves: Federal

This guide provides an overview of leave and paid time off (PTO) considerations for employers, including types of leave required by law and commonly offered leave programs in the United States.

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by Christopher K. Ramsey and Sarah Andrews, Morgan, Lewis & Bockius LLP

Summary

This guide provides an overview of leave and paid time off (PTO) considerations that employers should keep in mind when developing leave policies, including the different types of leave that are required by federal or state law or that are commonly granted by an employer in the US.

In this guide, learn about:

  • Leave and PTO policy considerations
    • Employee eligibility
    • Leave request process
    • Compensation for leave time
    • Leave policy factors to consider
    • Benefits during leave
    • Leave-donation programs
    • Use-it-or-lose-it policies
    • Payment of unused time upon termination
    • Moonlighting while on leave
    • Failure to return from leave
    • Abuse of policy
    • Supervisor training
    • Compliance with federal and state laws
    • Prohibited actions
  • Types of leave
    • Administrative leave
    • Bereavement leave
    • Blood, bone marrow and organ donor leave
    • Community service leave
    • Crime victim and domestic violence leave
    • Educational leave
    • Emergency responder leave
    • Family-related leaves
    • Garden leave
    • Holidays
    • Jury duty leave
    • Military leave
    • Paid sick leave
    • Pandemic leave
    • Personal leave and personal days
    • Religious leave
  • Sabbaticals
    • School activity and visitation leave
    • Short-term and long-term disability leave
    • Suspensions
    • Voting and election leave
  • Future developments

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Jurisdiction: Federal

Latest updates

Updated to reflect the Pregnant Workers Fairness Act, effective June 27, 2023.

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About the author

Morgan, Lewis & Bockius LLP

Morgan Lewis is a global law firm that represents clients ranging from enterprising startups to global Fortune 100 companies. They provide a wide range of legal services to clients in all major industries and have offices throughout North America, Europe, Asia and the Middle East.

Morgan Lewis’ Labor, Employment & Benefits practice helps employers comply with complex employment law globally, and domestically at the federal, state and local levels. They offer a wide range of services across multiple industries and help employers identify risk and develop strategies and solutions to help them avoid litigation. Areas of expertise include ERISA/benefits litigation, global employment and immigration, wage and hour counseling and workplace harassment investigations and crisis management.

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