Can I be terminated while on leave of absence?
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Can I be terminated while on leave of absence?
I left my job for approximately 9 weeks for a
sabbatical trip. Prior to leaving I had filled
out a leave of absence firm. I was informed while
away that the company had changed their policy
and that anyone gone for longer than two weeks is
terminated with the option of rehire. I am now
terminated. Is this okay?
Asked on June 16, 2018 under Employment Labor Law, Kansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Yes, it is ok,unfortunately. There is no legal right to a sabbatical. If you did not have a written employment contract guarantying you employment, you were an "employee at will." Unless you had such a contract and it guaranteed you a sabbatical or otherwise prevented you from being terminated for this reason, your employer could terminate you for this reason--since employees at will may be terminated for any reason, at any time. Without a contract preventing your termination, you had no guaranty of or right to this job and could lose it at any time.
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