If you’re dealing with a serious illness, injury, or mental health issue, taking time off work isn’t optional, it’s necessary. But figuring out how to request a medical leave of absence, whether you’ll get paid, and what rights you have under the law can get confusing fast.
This guide breaks it down. Whether you’re wondering about FMLA eligibility, New York state rules, or what kind of job protection you actually have, here’s what you need to know.
What Counts as a Medical Leave of Absence?
A medical leave of absence is time away from work due to a health condition that makes you unable to do your job physically or mentally. It can be short-term (a few days) or long-term (weeks or months), and may be either planned (like surgery) or sudden (like hospitalization).
Common reasons for medical leave:
Recovery from surgery or illness
Hospitalization or serious injury
Chronic condition flare-ups
Mental health treatment
Pregnancy-related health issues
Medical leave can be job-protected under certain laws, but not always paid. That depends on your state, your employer, and what benefits you qualify for.
How FMLA Eligibility Works
The Family and Medical Leave Act (FMLA) is a federal law that protects your job while you take unpaid leave for serious medical reasons. But not everyone qualifies.
To be eligible for FMLA, you must:
Work for a covered employer (usually with 50+ employees)
Have worked there at least 12 months
Have logged 1,250 hours in the past year
If you qualify, you can take up to 12 weeks of unpaid, job-protected leave in a 12-month period.
FMLA applies to:
Your own serious health condition
Caring for a family member with a health issue
Pregnancy and postnatal recovery
It doesn’t apply to part-time workers at small companies or to routine colds, migraines, or short illnesses.
Do You Get Paid for Medical Leave?
It depends. FMLA protects your job, but does not guarantee pay. However, you might still receive income through:
Short-term disability insurance (offered by some employers)
State-mandated paid leave programs (New York has one)
Paid sick time or PTO you’ve already earned
Company-specific leave policies
In New York, the Paid Family Leave (PFL) program lets eligible employees take up to 12 weeks of partially paid leave to care for a family member, but not for their own health issue.
For personal medical needs, New York offers Disability Benefits (DBL) – a state-run program that covers part of your wages if you’re temporarily unable to work due to a non-work-related illness or injury.
How to Request Medical Leave in New York
Every company handles leave differently, but here’s what the process usually looks like:
Talk to HR or your manager. The earlier you can notify them, the better.
Get documentation. You may need a doctor’s note or medical certification.
Submit your leave request. Follow your company’s formal process (form, email, or portal).
Apply for benefits. If you’re using state programs like DBL or PFL, submit those applications separately.
Stay in touch. If your return date changes or your recovery takes longer, keep your employer updated.
New York has stricter rules than some states when it comes to notice, timelines, and eligibility. Always check both company policy and the NYS Paid Leave website to be safe.
Final Thoughts
Taking a medical leave of absence isn’t always easy, but you have more rights and more options than most people realize. Understanding FMLA eligibility, your state’s programs, and what your employer offers can help you take the time you need without losing your job or peace of mind.
Looking for flexible work while you recover or re-enter the job market?
Let’s talk about how we can help you find roles that fit your schedule and support your health.
