2023 Guide: Leave of Absence Due to Divorce – Tips & Advice
Divorce is a stressful and emotionally draining situation. If you are going through a divorce, taking a leave of absence from work may be necessary to focus on your personal life.
This guide provides tips and advice on how to take a leave of absence due to divorce.
Important Considerations
When deciding to stay or leave during the divorce process, it is important to consider the impact it will have on your work and personal life.
Work Schedule
Assess your work schedule and the demands of your job. If you work in a highly demanding and stressful job, a leave of absence may be necessary to cope with the emotional turmoil of divorce.
Talk to your supervisor or HR department to see if they offer a personal leave or a medical leave under the Family and Medical Leave Act (FMLA).
Financial Status
Consider your financial status and if taking a leave of absence will impact your financial stability. If you have paid leave or have savings to rely on, a leave of absence may be feasible.
Have you ever had to take a leave of absence due to personal reasons? Check out this YouTube video, “Addressing My Divorce | SINGLE MOM DIARIES”, to hear a personal story about a single mother’s own leave of absence due to divorce.
If you or someone you know is struggling with managing work and personal life, or just needs some advice on taking a leave of absence, this video may provide some helpful insight. Watch it here:
Understanding Leave of Absence Due to Divorce
A leave of absence due to divorce allows an employee to take some time off from work to deal with the legal proceedings and emotional stress involved in a divorce. It is typically an unpaid leave, but job protection is offered to the employee under the Family and Medical Leave Act (FMLA).
Eligibility Criteria
To be eligible for a leave of absence due to divorce, an employee must have worked for a covered employer for at least 12 months and have worked at least 1,250 hours during the 12-month period before the leave. The employer must also have more than 50 employees within a 75-mile radius.
Duration and Compensation
Under the FMLA, an employee is allowed up to 12 workweeks of unpaid leave during a 12-month period. The duration of leave may vary depending on the individual circumstances, and the employee is required to provide notice to their employer in advance.
Employees may be allowed to use any accrued paid leave during their absence.
It is important to note that while employees are eligible for job protection, they are not entitled to any form of compensation during their leave. However, the employee may be eligible for unemployment benefits.
How to Request Leave of Absence Due to Divorce
Going through a divorce is a stressful situation that can affect many areas of your life, including work. If you’re struggling to balance the demands of your job with the stress of a divorce, you may consider requesting a leave of absence.
Here’s how to request leave of absence due to divorce:
Preparing for the Conversation
Before asking for leave of absence, be sure to take the necessary steps to prepare. Reflect on your situation and the issues you’re experiencing at work that could be impacted by your divorce.
Consider the amount of time you may need off and how it may impact your workload, and try to come up with solutions to help mitigate any negative impact on your job.
Once you’ve done this, schedule a meeting with your supervisor or HR representative to discuss your situation. Be honest and open about what you’re going through and how it’s affecting your work performance.
Be sure to listen carefully to any feedback they may have.
Formal Request
When you’re ready to formally request leave of absence, make sure to do so in writing. Your request should include the dates you plan to take off, the amount of time you need, and an explanation of why you’re requesting leave.
If your employer requires documentation, such as proof of divorce or documentation from a therapist, make sure to include that as well.
If you’re covered under the Family and Medical Leave Act (FMLA), be sure to make your employer aware of your eligibility and provide the necessary documentation to qualify for unpaid, job-protected leave. However, not all employers are covered by FMLA, so it’s important to check with your employer to see if you’re eligible.
Dealing with Rejection
If your employer rejects your request for leave of absence, it’s important to understand your options. Depending on your situation and the reasons behind the rejection, you may want to consider consulting an attorney who specializes in employment law or going through your employer’s internal appeals process.
If those options aren’t feasible, you may want to consider exploring other work options to help better accommodate your needs during this difficult time.
Preparing for Leave of Absence Due to Divorce
Sometimes, it becomes necessary to take a leave of absence from work when going through a divorce. However, it is important to be prepared and plan ahead to minimize the impact on your work and colleagues.
Here are some important things to consider when preparing for a leave of absence due to divorce:
Handing Over Responsibilities
It is crucial to make sure that your work responsibilities are delegated to someone else while you are away. This can help ensure that work continues to get done and deadlines are not missed.
You should discuss with your supervisor or manager about your responsibilities and explain why you need to take the leave of absence. Then, together, you can decide on an appropriate plan for transferring your job duties to someone else.
Make sure that the person taking over your responsibilities is adequately trained and has access to all the necessary files and documents.
Out of Office Message
When taking a leave of absence due to divorce, you should set an out-of-office message on your email and phone explaining that you are going through a divorce and will be away for a certain period of time. If you feel comfortable, you can mention the reason for your leave of absence.
However, it is also fine to keep it simple and just give a general explanation that you are taking personal time off.
Coping Mechanisms
Divorce is a stressful and emotionally challenging time, and it can be difficult to juggle work and personal life. It is important to take care of yourself during this period and utilize coping strategies to manage stress and anxiety.
Some helpful strategies include engaging in physical exercise, seeking professional counseling, talking to friends and family, practicing good sleep habits, and taking time for yourself to do things you enjoy.
Returning to Work
Returning to work after a leave of absence due to divorce can be intimidating and overwhelming. Here are some tips to help you transition back into the workplace smoothly:
Discussing Your Return with your Employer
Before returning to work, it’s important to have a conversation with your employer about your leave of absence and any changes in your personal life that may affect your work. Be honest and upfront about your situation and discuss any accommodations or adjustments that may need to be made.
This will ensure that you and your employer are both on the same page and can work together to make your transition back to work as smooth as possible.
Communication with Colleagues
When returning to work, it’s natural to feel nervous about how to communicate with your colleagues about your divorce. While you don’t have to go into detail about your personal life, it’s important to be honest and open about your situation, especially if it may affect your work.
Consider talking to a trusted colleague or your supervisor for advice and support. Remember that your colleagues are there to help and support you, and it’s okay to ask for help when needed.
