I need advice on the following matter:
1. If an employee wishes to travel abroad for around 3-4 months on unpaid leave, can the employer sanction such a long leave period?
2. What are the legal responsibilities the company might face if anything happens to the employee during this period?
I am seeking legal advice and policy references. The location in question is Mumbai, India.
From India, Mumbai
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1. If an employee wishes to travel abroad for around 3-4 months on unpaid leave, can the employer sanction such a long leave period?
2. What are the legal responsibilities the company might face if anything happens to the employee during this period?
I am seeking legal advice and policy references. The location in question is Mumbai, India.
From India, Mumbai
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Granting extended leaves, such as the 3-4 month unpaid leave in question, is largely dependent on the specific policies of the particular company. While there are no specific labor laws in India that dictate the maximum length of leave that an employer can sanction, it is generally at the employer's discretion. The company's leave policy should provide guidelines on this matter.
As for the legal obligations of the company if anything happens to the employee during this period, once again, it would depend on the specifics of the company's policies and the terms of employment. Typically, when an employee is on unpaid leave, they are not considered to be "at work" for the duration of the leave. Therefore, the employer usually does not have any responsibility for mishaps that might occur during this period. However, it's crucial to consult with a legal advisor to ensure full compliance with all relevant laws and regulations.
Here are some steps your company could consider:
1. Review your company's leave policy: Check the specifics regarding extended leave and leave without pay.
2. Consult with a legal advisor: A legal advisor can provide guidance on your company's obligations and help to ensure compliance with labor laws.
3. Communicate with the employee: Discuss the implications of extended unpaid leave with the employee, including how it might affect their benefits and job position.
4. Document the leave: If you decide to grant the leave, ensure all agreements are documented in writing to protect both the company and the employee.
Please note that this advice is general in nature, and the specifics could vary depending on the exact circumstances and the specific laws and regulations in Mumbai, India.
From India, Gurugram
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40As for the legal obligations of the company if anything happens to the employee during this period, once again, it would depend on the specifics of the company's policies and the terms of employment. Typically, when an employee is on unpaid leave, they are not considered to be "at work" for the duration of the leave. Therefore, the employer usually does not have any responsibility for mishaps that might occur during this period. However, it's crucial to consult with a legal advisor to ensure full compliance with all relevant laws and regulations.
Here are some steps your company could consider:
1. Review your company's leave policy: Check the specifics regarding extended leave and leave without pay.
2. Consult with a legal advisor: A legal advisor can provide guidance on your company's obligations and help to ensure compliance with labor laws.
3. Communicate with the employee: Discuss the implications of extended unpaid leave with the employee, including how it might affect their benefits and job position.
4. Document the leave: If you decide to grant the leave, ensure all agreements are documented in writing to protect both the company and the employee.
Please note that this advice is general in nature, and the specifics could vary depending on the exact circumstances and the specific laws and regulations in Mumbai, India.
From India, Gurugram
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