Employment law regarding Sabbatical

laissez-faire · 17 Mar 2009 at 18:37

I am intending to take 6 months out to teach skiing in the US as a kind of gap year thing, I have always wanted to do it and think doing it while I am young is best.

I want to be decent and give my employer as much notice as possible. But if I give him 5 months notice, I am worried he'll tell me to walk straight out of the door. I could just not tell him until the mandatory 28 day notice period, then I'd keep my job, but I don't like living with that lie.

Morba · 17 Mar 2009 at 18:51

you cannot be sacked for wanting a sabbatical.

iraiguana · 17 Mar 2009 at 18:51

How good is your relationship with your employer as it is usually best to give them as much time as possible to replace you.

Luke · 17 Mar 2009 at 18:53

Ignore, misread the OP.

Amleto · 17 Mar 2009 at 18:54

you have a contract. just abide by those rules

Amleto · 17 Mar 2009 at 18:55

Morba said:
you cannot be sacked for wanting a sabbatical.

if he hasn't been working there for more than a year, then he pretty much can be.

Morba · 17 Mar 2009 at 18:57

Amleto said:
if he hasn't been working there for more than a year, then he pretty much can be.

Why?
Surely they can just refuse. If he insists he is taking it then fair enough to them, but not if he is just requesting it.

Ev0 · 17 Mar 2009 at 18:58

Morba said:
you cannot be sacked for wanting a sabbatical.

Although if you've been somewhere less than 12 months they can sack you even if they don't like your aftershave

I'm guessing you have a company policy on sabbs? Read up on that but if you've been there longer than a year then they can't/shouldn't get rid of you.

RDM · 17 Mar 2009 at 19:12

Ev0 said:
I'm guessing you have a company policy on sabbs? Read up on that but if you've been there longer than a year then they can't/shouldn't get rid of you.

They can't get rid of you for asking for a sabbatical but there is no requirement for them to give you it.

laissez-faire · 17 Mar 2009 at 19:16

Ev0 said:
Although if you've been somewhere less than 12 months they can sack you even if they don't like your aftershave

I'm guessing you have a company policy on sabbs? Read up on that but if you've been there longer than a year then they can't/shouldn't get rid of you.

I haven't even started yet :eek:

Amleto · 17 Mar 2009 at 19:17

Morba said:
you cannot be sacked for wanting a sabbatical.

Amleto said:
if he hasn't been working there for more than a year, then he pretty much can be.

Morba said:
Why?
Surely they can just refuse. If he insists he is taking it then fair enough to them, but not if he is just requesting it.

If he's been there less than a year, he virtually has no rights. They can fire him on a whim and give some namby pamby HR style reason.

Morba · 17 Mar 2009 at 19:26

laissez-faire said:
I haven't even started yet

you have no hope of that being accepted

[TW]Fox · 17 Mar 2009 at 19:28

Hang on, there is a right to a Sabbatical? I've been with my employer for absolutely years (part time) and I'm after a months unpaid leave to add to 2 weeks annual leave to go to Aus in the Summer. Surely I am not legally entitled to that?!

malfunkshun · 17 Mar 2009 at 19:31

Amleto said:
If he's been there less than a year, he virtually has no rights. They can fire him on a whim and give some namby pamby HR style reason.

Depends on if there is a contract in place, and it's terms if there is.

Morba · 17 Mar 2009 at 19:31

i think its a company thing, they offer it to keep long termers, rather than letting them leave to have 6 / 12 months off and not come back.

laissez-faire · 17 Mar 2009 at 19:31

Morba said:
you have no hope of that being accepted

Yes hence my dilemma. I sort of want the job for the 5 months before I go, and I really do want to work for them when I get back.

laissez-faire · 17 Mar 2009 at 19:36

[TW]Fox;13701924 said:
Hang on, there is a right to a Sabbatical? I've been with my employer for absolutely years (part time) and I'm after a months unpaid leave to add to 2 weeks annual leave to go to Aus in the Summer. Surely I am not legally entitled to that?!

That's different. I don't care if they say I can't come back upon my return, that is fair enough.

My point is that I don't want to be let go BEFORE I depart, i.e. leaving me unemployed.

malfunkshun · 17 Mar 2009 at 19:45

Lets be honest, the chances of you even getting the job (or the offer being honoured) if they find out that you intend to go to the US in 5 months are slim to none.

My point is that I don't want to be let go BEFORE I depart, i.e. leaving me unemployed.

Lost me there, I read that as you want to go to the US but you wish to still be employed when you leave (Visa reasons or something?), makes no sense to me at all. You will either have to hand in your notice before you go or just not go to work until they sack you......

laissez-faire · 17 Mar 2009 at 20:01

malfunkshun said:
Lets be honest, the chances of you even getting the job (or the offer being honoured) if they find out that you intend to go to the US in 5 months are slim to none.

Lost me there, I read that as you want to go to the US but you wish to still be employed when you leave (Visa reasons or something?), makes no sense to me at all. You will either have to hand in your notice before you go or just not go to work until they sack you......

I want to be let go the day I depart, rather than now. Is that clearer? Sorry.

MrMoonX · 17 Mar 2009 at 21:44

dont tell them just hand in your 4 weeks notice, 4 weeks before you go, and then discuss options, i would be surprised if they will keep your post open in this climate as they will have to fill you with a temp or something