Free Leave of Absence Agreement Template
Leave of Absence Agreement
I. Parties
This Leave of Absence Agreement dated the [Effective Date] is made by and between [YOUR NAME], hereinafter referred to as the "Employer," and [EMPLOYEE'S NAME], hereinafter referred to as the "Employee," (collectively known as 'the Parties').
II. Purpose
The parties enter into this Agreement based on the understanding that [EMPLOYEE'S NAME] requires a period of leave of absence from his/her current role. This Agreement outlines the terms, conditions, and arrangements related to the leave of absence, and sets forth the understanding between the parties regarding the implications and conditions of this leave.
III. Leave of Absence Period
The leave of absence will commence on [Start Date] and will continue until [End Date]. This period is subject to change according to the discretion and agreement of both parties subject to appropriate notice period per company policy.
IV. Compensation and Benefits
During the leave of absence period, [EMPLOYEE'S NAME] will receive either his/her full, partial, or no salary as per company policies. The implications for other employment benefits will also be as laid out in company policy or as agreed in writing by [YOUR NAME].
V. Terms on Return to Employment
Upon completion of the leave of absence, [EMPLOYEE'S NAME] will return to his/her previous role or a similar role subject to business needs and the agreement of both parties. The salary, title, and other conditions of the role upon return will be subject to mutual agreement.
VI. Termination
In the event that [EMPLOYEE'S NAME] wishes or is unable to return to work after the leave of absence period, the termination of the employment relationship will be subject to company policies or as otherwise agreed in writing by [YOUR NAME].
VII. Employee Responsibilities During Leave
During the period of the leave of absence, it is agreed upon by the Employee that they will remain accessible and open to communication in regards to matters directly related to work.
This agreement can be adjusted if the Parties involved decide upon a different arrangement. Furthermore, the Employee gives their consent to abstain from participating in any form of activities which hold the potential of causing any harm or proving to be detrimental to the interests of the Employer.
VIII. Employer's Responsibilities During Leave
The Employer commits to keeping communication channels open with the Employee, pledging to keep them informed about the state of their position or role within the company and about any developments or changes that may potentially affect the Employee's capacity or terms under which they can return to work.
Additionally, the Employer expresses their agreement towards complying with, and sticking to, all pertinent laws that govern such situations as well as any prescribed or established company policies that pertain to the Employee's time-off from work or leave of absence.
IX. Benefits During Leave
During the period in which the Employee is away from work on a leave of absence, there may be a possibility for the Employee to still receive certain benefits that the company offers. This might include, but isn't limited to, benefits such as health insurance.
Whether the Employee continues to receive these benefits during their leave of absence would be determined in line with the policies of the company as well as any laws that apply.
The parties involved, namely the Employee and the rest of the administration, would agree to have discussions about any alterations made to the benefits that the Employee receives while they are on leave from work.
Furthermore, they would also consent to having all such changes recorded in formal documentation. This ensures transparency and clarity about any changes made to the Employee's benefits at the time they are on their leave of absence.
X. Return-to-Work Plan
Before the Employee resumes work, it has been mutually agreed upon by all involved parties to devise a comprehensive plan which will help facilitate the Employee's transition back to his or her position.
This in-depth plan potentially encapsulates all forms of essential training or any support required. The underlying objective of this plan is to ascertain that the Employee experiences a seamless and trouble-free process of returning back to work.
XI. Confidentiality
Both Parties involved in this Agreement have mutually agreed and expressed their consent to uphold and ensure the confidentiality of any and all information that is shared or exchanged during the process of negotiation and final execution of this Agreement.
The exception to this stipulation is in any situation where there is a legal requirement or imperative to disclose the said information. In such cases, the Parties can not abstain from providing the necessary information as mandated by the law.
XII. Governing Law
This Agreement is hereby stated to be monitored, interpreted and executed following the rules and regulations that have been established, validated and are currently effective in the [State/Country].
The agreement has been framed in a manner that respects and adheres strictly to these laws. This will be the case regardless of any potential legal discrepancies that arise from differences between these laws and any other jurisdiction's laws.
These conflict of laws principles are not to influence the governance and interpretation of this agreement.
XIII. Entire Agreement
This Agreement, in its entirety, stands as the complete and comprehensive accord between the involved Parties specifically pertaining to the Employee's leave of absence.
It holds the authority to surpass, override, and make null and void any previous agreements or understandings - regardless of whether they were expressed or documented in a written format or communicated through oral discussion - that are relevant or associated with the subject matter mentioned and discussed in the present Agreement.
XIV. Amendment
The changes or modifications to the terms and conditions of this Agreement can only be effected under the provision that said changes or modifications are documented in a form that is written.
Furthermore, to affirm and validate the amendments that have been made to the Agreement, this written instrument must bear the signatures of all parties involved.
It is necessary that both entities or individuals that form the Parties involved in this Agreement provide their valid signatures as an acknowledgment of the agreed modifications in the Agreement.
XV. Severability
In the event that any clause, stipulation, or condition laid out within this Agreement is held to be or deemed invalid, illegal or incapable of being enforced, the rest of the provisions, elements, and stipulations within the Agreement will, by no means, be affected or impaired.
They will continue to remain in full force, be valid, legally binding, and enforceable to the furthest or fullest extent as permitted by law.
XVI. Waiver
In the event that either Party chooses to waive a violation or breach of any provision within this Agreement, it should not be interpreted or acted upon as a waiver or forgiveness of any potential breaches that might occur in the future.
XVII. Notice
Any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered personally or sent by registered mail, postage prepaid, or by email to the addresses provided below.
XVIII. Acknowledgement
By signing below, both parties acknowledge they have read, understand, and agree to the terms outlined in this Agreement. This Agreement will take effect from the date of signing.
[YOUR NAME]
[Date Signed]
[EMPLOYEE'S NAME]
[Date Signed]
XIX. Address for Notices
Employer's Address: [Your Company Address]
Employee's Address: [Employee's Address]
XX. Signature Page
The Parties hereby execute this Agreement as of the Effective Date.
[YOUR NAME]
[Date Signed]
[EMPLOYEE'S NAME]
[Date Signed]
XXI. Conclusion
In conclusion, this Leave of Absence Agreement serves to outline the terms and conditions agreed upon by the Parties regarding the Employee's leave of absence. It is intended to provide clarity and mutual understanding between the Employer and Employee during this period of absence from work.
By signing below, the Parties acknowledge their understanding and agreement to the terms outlined in this Agreement.
[YOUR NAME]
[Date Signed]
[EMPLOYEE'S NAME]
[Date Signed]
