Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. What type of leave had she agreed - was it holidays using her annual leave allowance?
Hi there, you can treat the agreed leave as a contractual variation, which basically says that you have both agreed for her to take the time off work unpaid for the specified period. So if it was agreed by both of you, if one party wants to change it they should only be able to do so if the other party agrees. You can see it as a kind of short sabbatical leave, where the employee is allowed time off work but they can only return to work if there was an agreement allowing them to do so, if you agree to it or if the agreed period expires (i.e. at the end of the 6 weeks).
So if she wants to break the agreement and return early but you have already made plans to cover for her absence and therefore do not agree to an early return, you do not have to allow her to do so. If you do then it can be n your terms. After all you do have a business to run and you have gone out of your way to accommodate her request for leave so if she tries to vary the terms of such agreement it can be done but only if it works for you and on your terms. Otherwise, you can leave it as it was originally agreed, i.e. for the full duration of 6 weeks.
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