As a federal employee can I request 6 to 8 months leave of absence and still keep my job?

Full question:

I've been employed by the US Post Office for 27 years, and need 6 to 8 months leave of absence for cosmetic surgery in another country. How do I go about it? I need legal advice and orientation on the procedure about making my request

  • Category: Employment
  • Subcategory: Benefits
  • Date:
  • State: New York

Answer:

A leave of absence is an officially excused period of time off duty from work or duty. Definitions of what constitutes a leave of absence vary by employer, such as how many days off constitute a leave of absence. Employers also determine whether or not a leave of absence will be compensated for and what reasons justify such a leave period. Federal laws govern an employee's right to retain employment after a leave of absence for certain reasons. The Family and Medical Leave Act (FMLA) is a federal law that requires covered employers to grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for several reasons including to take medical leave when the employee is unable to work because of a serious health condition.

Personal leave is an absence from the workplace for a specific period of time due to reasons not covered by other leave options (such as vacation, maternity, jury duty or bereavement). It is in each employer's discretion to establish their own personal leave policy. Personal leave periods are usually not counted as service for certain benefits such as holidays, vacation, and sick leave. The effect of a personal leave on retirement plans and on insured benefits, e.g., health, life, and disability insurance, depends on the employer's benefit policies and retirement system regulations.

Administrative leave is granted for various reasons, such as jury duty, death in the family, office closings, disciplinary actions, depending on the policies of the employer. The employer policies will determine whether the leave is paid or unpaid, whether it counts towards accrual of benefits, etc.

Sick leave and personal days are a form of employment benefit in the form of paid time off for illness or to deal with a personal/private matter. Since nearly everyone occasionally needs such time off, all businesses should have a clear policy established regarding sick leave and personal days. A sick day is fairly self-explanatory and can be used for everything from a common cold to a more serious illness that could require hospitalization or even surgery. Personal days can cover things like the illness of a child, a death in the family, jury duty, military obligations, or religious holidays. Most companies allocate only a certain number of days for sick leave and personal time.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Generally, you cannot receive unemployment benefits while you are out for surgery, as these benefits are designed for those who are able and available to work. If your surgery qualifies as a serious health condition under the Family and Medical Leave Act (FMLA), you may be eligible for unpaid leave but not for unemployment benefits. Check with your state's unemployment office for specific eligibility criteria.