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Your employees may be entitled to leave if this is stated in their employment contract or collective agreement. In addition, it is also important whether your organisation is a private or public workplace.
In this article, we will therefore make you more knowledgeable about the following topics regarding leave of absence:
The term, leave, means 'permission to travel away'. In the work context, leave is also called leave of absence and denotes a longer period during which an employee takes time off from work.
It is the employment conditions that determine how the options for leave are arranged, for example whether you are in a private or public workplace has an influence. Leave is often unpaid, but your employees may be entitled to pay if this is made clear in their employment contract or collective agreement.
The employer is also obliged to give the employee leave in special cases, regardless of whether you are a private or public company. In these situations, the employee is entitled to daily allowance, remuneration or salary. This can, among other things, be in connection with paternity.
If you would like to learn more about the rules that apply in relation to paternity leave, you should read this article.
As a rule, private employees do not have the right to take leave except in special circumstances such as paternity and carer's leave. However, the employee may be entitled to leave if this is stated in the person's employment contract or collective agreement. Here it is also clarified how long the employee can take leave.
It is worth mentioning that it can be an advantage to outline rules for leave in your personnel handbook. In this way, all employees have a good opportunity to familiarise themselves with the leave rules and thus avoid misunderstandings. If you would like to learn more about what a staff handbook entails, you can click here.
Public employees are generally entitled to leave. However, the leave must not conflict with the employer's interests. In other words: The employer can refuse the request for leave if the leave is a nuisance for the workplace. In this connection, the employer must also justify why it is a disadvantage if the employee takes leave.
In addition, there is no time limit on how long the employee is entitled to leave. This must be agreed with the employee.
When your employee is on leave from work, it is your responsibility to ensure that there is still a vacancy for the employee within the same employment area when they return from leave.
It is possible to terminate an employee who is on leave. However, the termination must take place on the same terms as other employees, unless the employee has leave to serve their military service. We have prepared an article that goes into depth on the subject of termination of employees, you can read it here.
If your employee has to serve his military service, they has the right to leave from their work, and is covered by special protection in relation to termination. Thus, it is not legal to dismiss an employee due to military service. This is a requirement that applies to both private and public workplaces.
Your employee is entitled to carer's leave if they have a close relative who is dying. Caring leave means that the employee takes time off from work and can thus spend time with the dying family member or close friend in the final moments. During the care period, the employee can be paid a care allowance from the municipality.
If, on the other hand, the employee has a close relative who is seriously ill or suffers from a disability, the employee has the option of taking care leave from work. Caring leave means that your employee takes time off work for a period of time to look after a loved one who, as previously mentioned, is ill or disabled. The leave can, for example, take place until the employee has a solution for what needs to happen in relation to the long term care of the sick or disabled person.
If you would like to know more about the subject, see here:
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