Leave of absence

Rights and obligations during leave of absence is a recurring issue for all employers.

There are situations during an employment when the employee wishes to be released from the obligation to work for a shorter or longer period. During leave of absence, the employee’s right to employee pay is suspended, unless otherwise provided by law or agreement. The Working Environment Act contains provisions on the right to leave during pregnancy, childbirth and adoption, public duties, care for sick children or close relatives, as well as during education.

Many employers have collective agreements or administrative arrangements where the employees are entitled to compassionate leave and employee pay where this is not required by law during leave of absence. In other cases, leave of absence with or without employee pay  must be agreed between the employer and the employee.

Disputes concerning the entitlement to leave of absence pursuant to the Working Environment Act shall be resolved by the Dispute Resolution Board before the matter may be brought before the courts.

All of our lawyers have extensive experience in assisting in matters regarding leave of absence, including questions that may arise when employees return to work.