Unpaid Leave

universalady_2

If a company allows an employee to have unpaid leave, would they have to re-apply for their job when they return?

The employee is not resigning, nor is he being made redundant, but has been told he has to re-apply for his position. There is nothing in the contract stating this, so can anyone tell me if this is the norm, or is it a case of each company has it's own rules?

agrinnall

Each company will have its own rules. Where I used to work there were two career breaks available. Up to 6 months you were guaranteed a job when you returned, although it may well not be the one you had when you left. Between 6 months and 2 years you had to resign, then had preferential access to apply for jobs when you wanted to return, if you were successful you were treated as having continuity of service for things like pension (although I'm not sure if that was also the case for things like subsequent redundancy).

macalacka

technically unpaid leave is just having time off work that is unpaid. for example if someone had to have some holiday but had used up their holiday entitlement for the year.

Why is your friend having time off and for how long? the only way he has to reapply for his job is if he resigned or was dismissed from the Company [this includes redundancy]

Sambucus_Nigra

a - how long have they worked there
b - how long is the unpaid leave and have they had it yet?
c - is it unpaid because they have run out of annual leave, or because they want to go off on a 6 month road trip?

universalady_2

He's been there just over 7 years, and is about to take it in the next two weeks for approx 9 weeks as he needs to be around during the day to be in a caring capacity.

He's already said that he'll use up some of his holiday entitlement as was requested by management

There is nothing in his contract with regards to unpaid leave, so nothing to state where either party stands

mariefab

In that case he shouldn't need to re-apply for his job on his return.
Has he got the unpaid leave agreement in writing?
If not, I suggest that he does it himself by writing to HR/line manager confirming the date that his unpaid leave starts and the date that he'll return to work and keeping a copy of his letter just in case.

heretolearn_2

Who will he be caring for?

There are some types of unpaid leave that are a statutory right and he should not have to reapply for his job, as he isn't leaving. For example, if it is to care for his child under 5, or under 18 if disabled, he may qualify for parental leave. See this link: http://www.direct.gov.uk/en/Parents/Moneyandworkentitlements/WorkAndFamilies/Parentalleaveandflexibleworking/DG_10029416.

If he is caring for someone else though I don't think there are any rights here, it's down to the discretion of the company. They are effectively saying he is resigning and if he wants to come back, will have to re-apply.

universalady_2

He's not a parent, so the statutory right would not apply to him. His manager has said that he'll write a letter stating his unpaid time off, from date xxx to xxx, but they have said there may be no job for him when he returns, and that he'll have to re-apply for it.

His company do offer unpaid leave, but it appears other people have all been treated differently, and of course IF he has to re-apply for his job when he returns, then his continuity of employment has been broken, so he'll be more likely for future redundancies?

heretolearn_2

He isn't being given unpaid leave in this case. He is leaving his job. His manager doesn't seem to understand the difference.

Hard choice to make, do it with the risk of ending up permanently unemployed (from this job), or don't do it.

Is there nothing in the staff handbook/policies about this? An HR department he can go to for clarification? They really should be treating all these requests in a consistent way.

ami66

heretolearn wrote: »

Who will he be caring for?

There are some types of unpaid leave that are a statutory right and he should not have to reapply for his job, as he isn't leaving. For example, if it is to care for his child under 5, or under 18 if disabled, he may qualify for parental leave. See this link: http://www.direct.gov.uk/en/Parents/Moneyandworkentitlements/WorkAndFamilies/Parentalleaveandflexibleworking/DG_10029416.

If he is caring for someone else though I don't think there are any rights here, it's down to the discretion of the company. They are effectively saying he is resigning and if he wants to come back, will have to re-apply.

It doesn't have to be a child there is right to unpaid leave to deal with an emergency for a dependent. That covers a partner, spouse or parent and is designed to help should there be an illness that required care.

http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10026555

If the employer is agreeing to unpaid leave, it is simply that leave that is unpaid and he should come back to exactly the job he had previously.