Everything HR Leaders Need to Know about Continuous Leave

Continuous leave isn’t just taking a day off here and there: It’s a policy that lets employees take weeks or even months of paid or unpaid leave. This leave can help employees tend to serious matters in their lives without worrying about work. 

As an HR leader, part of your job is to help employees understand their leave options and feel comfortable taking leave. This can require overcoming serious hurdles: There’s a negative stigma associated with taking a leave of absence, as almost one-third of U.S. workers say they fear negative consequences at work from taking leave, according to The Hartford’s Future of Benefits Study. 

So, let’s see how you can support your employees with the right continuous leave policy and empower them to put a pause on work to deal with important life challenges.

What Is Continuous Leave?

Continuous leave is a type of employee leave taken for an extended, uninterrupted period, typically for reasons like serious health conditions, maternity or paternity leave, or to care for a family member. During this time, the employee is completely absent from work for a designated timeframe without breaks or intermittent workdays.

One key thing to remember is that continuous leave is just that: continuous. It’s not broken up into smaller chunks of time. Think of it as the marathon runner of leave types — it goes the distance without stopping for breaks. Unlike its sprinter cousin, intermittent leave, continuous leave doesn’t play hopscotch with your work schedule.

But let’s dig a little deeper. Continuous leave usually comes into play in situations like:

• Recovering from a serious health condition
• Bonding with a newborn or recently adopted child
• Caring for a family member with a serious health condition
• Military service or caring for service members (supporting those who serve isn’t a part-time gig)

Continuous vs. Intermittent Leave  

Continuous leave is one long, uninterrupted session, like binge-watching your favorite Netflix show. Intermittent leave, on the other hand, is like catching episodes wherever you can. It allows employees to take time off in separate blocks, perfect for managing chronic conditions or recurring appointments.

While continuous leave might mean Sarah from accounting is out for six weeks straight after surgery, intermittent leave could have Bob from sales taking every other Friday off for physical therapy. Both serve their purpose, but they do work a little bit differently.

Here’s a quick breakdown of the differences between continuous and intermittent leave. Let’s start with continuous leave:

• Taken in one solid block of time
• Often used for major life events or serious health conditions
• Easier to plan for (once you know the start date, you can mark your calendar)
• Can be more disruptive in the short term, but potentially easier to cover (hello, temporary workers!)

Intermittent leave, on the other hand:

• Taken in separate blocks of time
• Great for ongoing medical treatments or chronic conditions
• Can be less predictable and harder to plan for
• Might be less disruptive overall, but can lead to scheduling headaches

Both types of leave have their place in the grand scheme of work-life wellness. The key is understanding when each is appropriate and how to manage them effectively.

Laws & Regulations Impacting Continuous Leave

So, how exactly is it legal for employees to just up and leave for up to months at a time? 

Well, it’s a little more complicated than that. There are many laws and regulations that impact why, when, and how employees are able to take continuous leave. Let’s take a look.

Family and Medical Leave Act (FMLA)

The FMLA is the protective parent of employee leave. It gives eligible employees the right to take up to 12 weeks of unpaid, job-protected leave each year. To be eligible, employees must:

• Have worked for the company for at least 12 months
• Put in at least 1,250 hours over the past 12 months
• Work at a location where the company employs 50 or more employees within 75 miles

FMLA covers workers in a variety of situations, including: 

• The birth and care of a newborn child
• Adoption or foster care placement
• Caring for an immediate family member with a serious health condition
• Taking medical leave for a serious health condition
• Certain situations arising from a family member’s military service

Americans with Disabilities Act (ADA)

The ADA might also crash the continuous leave party. It requires employers to provide reasonable accommodations, which could include extended leave beyond FMLA limits. This comes into play when an employee has a disability that substantially limits a major life activity. 

Note that “reasonable” is the operative word here. If the leave would cause undue hardship to your organization, then you might not have to grant it. (This can be a balancing act that would make a tightrope walker jealous.)

State Laws

Don’t forget to check your state’s rule book, too. Some states have their own leave laws that might be more generous than federal regulations. Here are a few examples:

• New York Paid Family Leave: Offers up to 12 weeks of paid leave for family care.
• Massachusetts Paid Family and Medical Leave: Provides up to 20 weeks of paid medical leave and 12 weeks of family leave.
• Washington Paid Family and Medical Leave: Offers up to 12 weeks of paid family or medical leave, with a combined total of 16 weeks in some cases.

Company Policies 

Many organizations offer leave benefits that go beyond what’s legally required. It’s like giving your employees a deluxe sundae when the law only requires a scoop of vanilla. These policies can help attract and retain top talent, so they’re worth considering as part of your overall benefits package — especially considering that 85% of employees say their employer has a responsibility to take care of their wellbeing, according to Wellhub research.

Pros and Cons of Continuous Leave  

Let’s face it, continuous leave looks great on paper, but is it all it’s cracked up to be? 

Let’s dig into the good, the bad, and the, “Oh, I didn’t think about that” of continuous leave.

Advantages


Continuous leave offers several benefits for both employees and employers. These advantages can contribute to a healthier, more productive workforce and a more manageable HR process. These are some of the top benefits you’ll want to keep in mind:

• Uninterrupted recovery time: Continuous leave gives employees the chance to fully focus on their health or family needs without the stress of work popping up. Think of it as hitting the pause button on work-life to deal with important personal matters. This uninterrupted time can lead to faster recovery or better adjustment to new life circumstances.
• Predictability for employers: Once you know an employee is on continuous leave, you can plan accordingly. It’s easier to arrange coverage for a solid block of time than to juggle intermittent absences. It’s like meal prepping for your workforce — you know what you’re dealing with for the week ahead.
• Reduced stressfor employees: Employees on continuous leave don’t have to worry about balancing work and their reason for taking a leave of absence. They can fully disconnect, leading to less stress and potentially better outcomes.  
• Easier administration: From an HR perspective, continuous leave can be simpler to track and manage than intermittent leave. It’s one chunk of time rather than multiple smaller absences. Less paperwork? Yes, please!

Disadvantages  

While continuous leave has its perks, it’s not without its challenges. These potential drawbacks can impact both the employee on leave and the organization as a whole. It’s important to be aware of these possible issues when implementing a continuous leave policy:

• Extended absence from work: While uninterrupted time off can be beneficial for employees, it also means they’re away from work for a long period of time. This can lead to feelings of disconnection or anxiety about returning to work. It’s like coming back from a sabbatical — where did everything go?
• Potential for skillatrophy: Depending on the length of leave and the nature of the job, employees might find their skills a bit rusty upon return. In fast-paced industries, this could be particularly challenging.
• Coverage challenges: While predictable, extended absences can be tough to cover. You might need to hire temporary staff or redistribute workloads, which can be costly or strain your team. 
• Potential abuse: While most employees use leave legitimately, there’s always a risk of abuse with any leave policy. Continuous leave, given its extended nature, could be particularly tempting for those few bad apples.

Implementing Continuous Leave: A Step-by-Step Guide  

Ready to roll out a continuous leave policy that’s so smooth, you won’t even flinch next time an employee asks for leave? Implementing a well-thought-out policy requires careful planning and execution. Here’s a step-by-step guide to help you navigate the process:

Step 1: Know your Legal Obligations

Start by thoroughly understanding FMLA, ADA, and any state-specific laws. This is your foundation — without it, your policy could crumble faster than a sand castle at high tide.

Step 2: Draft your Policy

Create a clear, comprehensive policy that outlines eligibility, duration, pay (if applicable), and the process for requesting and approving leave. You want it to be detailed enough to cover all bases but clear enough that everyone can understand.

Step 3: Train your Managers

Your managers are on the front lines of leave requests. Make sure they understand the policy, how to handle requests, and the importance of consistency. It’s like teaching them a new dance — with practice, they’ll be gracefully guiding employees through the leave process.

Step 4: Communicate with Employees

Roll out your policy with clear, engaging communication. Consider lunch-and-learns, email campaigns, or even fun infographics. The goal is to help your entire team understand their rights and responsibilities.

Step 5: Set up Tracking Systems

Implement a system to track leave requests, approvals, and durations. This could be specialized software or a well-organized spreadsheet. 

Step 6: Plan for Coverage

Develop strategies for covering work during extended leaves. This might involve cross-training employees, establishing relationships with temp agencies, or creating detailed handover processes. 

Step 7: Review and Refine

Don’t forget about your policy after implementing it! Regularly review its effectiveness and make adjustments as needed. A good policy, like fine wine, should improve with age.

Best Practices for Managing Continuous Leave

Now that you’ve got your continuous leave policy up and running, it’s time to manage it expertly. These best practices will help you manage continuous leave, balancing the needs of your employees with the demands of your organization:

1. Stay in touch (but not too much): Maintain appropriate contact with employees on leave. This helps them feel connected without feeling pressured. It’s a delicate balance — think of it as checking in on a friend’s vacation, not chaperoning it.
2. Plan for the return: Work with the employee and their manager to create a return-to-work plan. This might include a gradual return or refresher training. It’s like creating a personalized welcome-back party, but instead of balloons, you’re offering support and clarity.
3. Be flexible: Remember that circumstances can change. Be prepared to adjust leave durations or terms if needed. Flexibility is your secret weapon in the leave management game.
4. Document everything: Keep detailed records of all leave-related communications and decisions. If your leave management were a crime scene, you’d want enough evidence to convince even the most skeptical detective.
5. Protect confidentiality: Respect the privacy of employees on leave. Only share information on a need-to-know basis. Treat employee information like you would your own diary — keep it under lock and key.
6. Promote a supportive culture: Foster an environment where taking necessary leave is accepted and supported. 
7. Stay updated on laws: Keep your finger on the pulse of changing leave laws. Consider setting up Google alerts or regularly consulting with legal experts. 

Transform Your Continuous Leave Management With Wellhub

Managing continuous leave effectively is an important part of maintaining employee satisfaction and organizational productivity. A well-designed leave policy can make a significant impact on how your employees view their jobs and their loyalty to your company.

A comprehensive employee wellbeing program can complement your leave management strategies, creating a holistic approach that supports your employees during their time away and eases their transition back to work.

Wellhub can help you create a custom wellness program to enhance any employee benefits package. Speak to a Wellhub Wellbeing Specialist today to learn how!

You May Also Like:

• How to Use Wellness Solutions as Talent Acquisition Ammunition
• What Is Paid Time Off (PTO)?
• What Is Flexible Time Off, and How Does It Work?

References:

• Massachusetts State. (n.d.). Paid Family and Medical Leave (PFML) overview and benefits. https://www.mass.gov/info-details/paid-family-and-medical-leave-pfml-overview-and-benefits
• New York State. (2018). Paid Family Leave – New York State. https://paidfamilyleave.ny.gov/
• The Hartford. (2021). The Hartford’s 2021 Future of Benefits Study Report. https://ewcstatic.thehartford.com/thehartford/the_hartford/files/GB/future-of-benefits-executive-summary-2021.pdf
• U.S. Department of Justice Civil Rights Division. (2024). ADA.gov. https://www.ada.gov/
• U.S. Department of Labor. (2024). Family and Medical Leave Act. https://www.dol.gov/agencies/whd/fmla
• Washington State. (2019). Washington’s Paid Family & Medical Leave Program. https://paidleave.wa.gov/