Need to Take Extended Leave from Work? Here’s What to Know

Whether you’re getting knee surgery or welcoming a new baby to the family, there might come a day when you need to take time off work. But weeks away from work can create worry and cause some logistical complications. Will you have a job to return to? Can you still get paid when taking a leave of absence? How will you cover your bills? How much time can you take?

If possible, there are some important considerations to make ahead of time, which can help create a smoother transition out of the office. But in the event you’re suddenly unable to work, you may still be offered certain protections.

Here’s what to know about federal and state laws, and how to sort through your options ahead of an extended leave from work.

Are all employers required to grant extended leave?

Short answer? No.

Not every employer is required to give every employee an extended leave of absence. Federal and state protections do apply to companies of a certain size and some employees, primarily full-time workers.

The most widespread job protection available is called the Family and Medical Leave Act (FMLA).

Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act of 1933 provides, under certain conditions, eligible employees with “job-protected leave from work for family and medical reasons.”¹ In addition to protecting an employee’s job placement, FMLA also requires employers to continue providing healthcare coverage during the period of leave.

When an employee returns from FMLA leave, they must be able to return to their same position (or a virtually identical position) they held before taking the leave. In other words, an employer cannot retaliate or demote an employee for taking leave.

Importantly, FMLA is unpaid. However, you may use FMLA (if you qualify) at the same time as employer-provided paid time off. For example, if you’re in the hospital with a broken leg for one week, you may take 40 hours of FMLA leave and still have your employer apply 40 hours of paid vacation time.

Is everyone protected by FMLA?

There are two components to FMLA eligibility. The employer must be covered under the act, as well as the employee.

FMLA applies to:¹

• All public agencies (federal, state, and local government)
• Private-sector employers with 50+ employees for at least 20 weeks out of the year
• Public schools and educational agencies

Even if you work for a covered employer, you must meet the following criteria to be eligible for FMLA leave:¹

• You must have been employed by the covered employer for at least 12 months
• You must have worked at least 1,250 hours during the 12 months prior (around 24 hours per week)
• You must work at a location where the employer has at least 50 employees within a 75-mile radius

What is (and isn’t) covered by FMLA

FMLA leave provides up to 12 workweeks of protected leave during a 12-month period for any qualifying reason. If you are using FMLA to care for a military servicemember or veteran who was injured while in the line of duty, you may take up to 26 workweeks of protected leave, called “military caregiver leave.”¹

Other qualifying reasons to use FMLA include:¹

• A child’s birth
• Adoption or foster care placement
• Caring for a family member with a serious health condition
• Experiencing a serious health condition that makes you unable to work

FMLA leave can be used all at once or intermittently. For example, Employee A might take the full 12 weeks of leave after giving birth. Employee B might have a parent who needs to be driven to dialysis each week. In that case, they use a few hours of FMLA leave each week to cover the time off.

The 12-workweek coverage depends on your typical workweek. If you work 30 hours/week, FMLA covers you for 30 hours per week (up to 12 workweeks). If you work for 50 hours/week, FMLA provides coverage for up to 50 hours per week for 12 weeks.

How to apply for FMLA

If you’re an eligible employee, you do not need to specifically apply for FMLA leave. However, you’ll need to provide your employer with enough information or context to know that the leave is covered by FMLA.

The employer may request information from health care providers to verify leave eligibility.

Other considerations and coverage

While FMLA provides eligible employees with job protection and continued health coverage, it does not reduce the financial constraints of taking unpaid time off work. In the event you must take an extended leave, consider your other options as well. Keep in mind, applying other protections (including those listed below) does not prevent you from receiving FMLA. You may take advantage of any laws or offerings that apply to you.

State laws

As of early 2026, 13 states and Washington, D.C. have passed some level of state-protected mandatory paid leave, including sick or family leave.² Each state’s policies and qualifying circumstances differ, but partially paid and job-protected leave can now be leveraged for scenarios like:

• New parent leave
• Serious health conditions
• Caring for a child or adult with health conditions
• Military leave

States with partially paid family and medical leave include:²

• California
• Colorado
• Connecticut
• Delaware
• Maine
• Massachusetts
• Maryland
• Minnesota
• New Jersey
• New York
• Oregon
• Rhode Island
• Washington, D.C.

If you live in one of these states, check your state’s website for further information on eligibility and how to apply.

Disability insurance

Some employers offer group disability insurance for no charge (or low premiums) to employees. You may have the option to increase coverage as well, or obtain a policy outside of your employer.

Disability insurance comes in two forms: short-term and long-term.

Short-term disability is what will likely apply to a temporary leave, as it’s designed to cover short-term injury and illness, typically up to a year. Short-term disability has a relatively quick waiting period (usually just a few weeks) and can be used to replace a percentage of your pay—typically between 40 percent and 70 percent.³

Disability insurance applies to the covered individual only, meaning you cannot use your disability insurance policy to provide care for someone else. You must have an illness or injury that prevents you from working, such as being in an accident or needing time off for surgery and recovery.

Notably, short-term disability can be used for pregnancy complications and recovering from childbirth.

Long-term disability insurance is used in the event an employee cannot perform their job, or any job, for an extended period of time—typically from one year all the way to retirement. It has a much longer qualifying period and more extensive requirements. Long-term disability is commonly used by people who experience serious, ongoing conditions, including cancer, mental illness, back problems, and stroke.³

Company policies

Despite what’s mandated by state or federal law, some employers will implement more generous or inclusive leave policies, including paid parental leave or extended job protections. It’s always worth checking with your manager or human resources department to see what your options may be.

What to do if you need to take leave

If you need to take a leave of absence, notify your manager as soon as possible, ideally with at least 30 days of notice to help them plan accordingly.

If it’s your first time taking leave, know your rights and what protections apply to you, including state legislation and FMLA. This is also the time to review other available resources, including disability insurance and paid time off (PTO).

Gather any necessary documentation from your doctor or other professionals. Your employer or insurance may request it, particularly if you’re taking a medical leave.

If possible, create a clear return-to-work plan and timeline. If you’re able to determine what your return to work date will be, you may have more leverage to negotiate leave terms with your employer. Knowing when you’ll return to work can also help you more effectively budget your resources. Plus, it’ll help your manager find the appropriate amount of coverage—particularly if they need to hire a short-term replacement.

Covering expenses during leave

If you’re taking leave to care for a disabled or sick parent, you may be eligible for payments or stipends through:

• Medicaid
• Veteran programs
• Long-term care insurance

Some states offer state-funded stipend programs to family caregivers as well. Or, you may be able to establish an agreement directly with the person you’re caregiving for.

If these programs don’t apply (or aren’t enough), you may have to pull from your savings or investments. It might help to treat an extended leave similarly to a sudden layoff or early retirement. Consider carefully which assets or accounts will be the best to tap into first, as well as what adjustments you can make to your spending.

For example, an emergency fund is built to provide financial relief in scenarios like this and won’t affect your long-term savings. If you exhaust your emergency savings, you may have to consider other options that could create longer-term financial consequences, such as:

• Drawing down investments
• 401(k) loan
• Taking on additional debt
• Asking for financial assistance from family

Preparing for extended leave?

You may find it helpful to speak with a financial professional before pulling from your available financial resources and accounts. They can help you review your financial obligations, understand your options, and make a plan that helps protect your wealth long-term.