Leave without pay may be granted to a permanent or probationary full- or part-time employee for various reasons, including family and medical leave, extended educational purposes, vacation, worker’s compensation, or personal reasons.
Special provisions for leave without pay for military, family and medical, and workers’ compensation are covered in their respective policies.
Permanent or probationary full-or part-time employees are covered by the leave without pay policy. Temporary, intermittent, or part-time (less than half-time) employees are not eligible for leave without pay.
Terms and Definitions
Extended Leave without Pay
Leave in excess of one-half the workdays and holidays in the month or in the pay period (whichever is applicable).
Short Leave Without Pay
Leave for less than one-half the workdays and holidays in the month or in the pay period (whichever is applicable).
Except for extended illness, extended leave without pay normally does not exceed 6 months. The Agency Head is responsible for the decision to grant leave without pay and the amount of time granted, except for leave required by the FMLA Policy.
When an employee has a personal illness, the agency must consider the following.
- Does the need for leave qualify as Family and Medical Leave? If so, the rules of that policy shall be applied first.
- Is the illness likely to result in participation in the Disability Income Plan?
- Does the employee qualify for Voluntary Shared Leave?
Taking these into consideration, the agency should explain these policies to the employee and assist in determining which are applicable.
How Do I Apply
You must submit a written request for Leave Without Pay to your supervisor including:
- Reason for leave
- Date expected for beginning leave
- Duration of leave
- Expected date to return to work
In addition, you need to:
- Notify your supervisor immediately if the conditions of the leave change
- Notify your supervisor of your intent to return 30 days prior to the expected date of the return
Note: If you do not give notice of the intention to return, the agency is not required to provide reinstatement, but may do so if feasible. Failure to report at the expiration of a leave, unless an extension has been requested and approved, may be considered as a resignation.
Supervisors / Authorized Personnel Reps Should
Supervisors review requests and approve/disapprove in writing. The supervisor must consider a number of factors when determining whether to grant leave without pay and the amount of time to approve:
- Needs of the employee requesting leave
- Need for filling employee’s job
- Chances of employee returning to duty
- The obligation of the agency to reinstate employee to a position of like status and pay
Note: It is the responsibility of the agency to administer leave without pay in a manner that is equitable to all its employee.
Continuation of Benefits
While on leave without pay, an employee may select Continuation of Benefits by paying the full premium for coverage. Some benefits cannot be continued, including
- Accumulation of Vacation and Sick Leave
- Retirement Contributions
- Supplemental Retirement, 401(k)
- Retirement Annuity, 403(b) and 457
Note: Although approval of the use of vacation leave is discretionary, requests by an employee to use vacation leave for cultural and/or ethnic-related events should be granted if the employee has accrued vacation leave and the granting of the leave will not result in undue hardship on the agency or its employees.
- Office of State Human Resources, Leave Without Pay