There can be a variety of reasons why an employee could be absent from work, all of the reasons will come under one of three very wide categories of absence, these are stautory absence, contractual absence and unauthorised absence.
Statutory Absence
This leave is given as an employment right by laws passed through parliament, there can't be any arguments between employer and employee in regards to the entitlement of the leave.
The entitlement must be included in the employee's contract of employment, although it's an entitlement, the leave when taken still requires the permission of the employer. The period of entitlement, qualifying conditions under which the different types of statutory absence apply and if the absence attracts payment,
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Just like all statutory leave, contractual leave is only to be taken with the employer's permission.
There are different types of contractual leave that an employer might offer employee as employment benefits, the most usual being extra periods of statutory leave like extra annual leave or maternity leave.
Other kinds of contractual leave can be:
*Compassionate leave
*Sickness leave
*Training course leave and study leave for exams
*Permitted personal appointments
*Sabbatical leave (from several months to several years)
Unauthorized Absence
A damaging type of absence that negatively affects an organisation business operations is unauthorized leave, this is leave that's taken without the employer knowing or giving permission.
Types of unauthorized absences
In my organization, FMLA entitles an employee up to 12 weeks of leave without pay during any 12-month period. The employee must make a request for family and medical leave under FMLA in writing on an authorized form. The form certifies that the employee understands the reason for the leave. When there is a foreseeable need for unpaid family and medical leave, the employee must give a 30 calendar day notice of intent to take leave. Otherwise, the employee can provide such notice as is practicable. If the need is foreseeable and the employee fails to give 30 calendar days’ notice without a reasonable excuse for the delay of notification, the organization may delay the use of taking family and medical leave until at least 30 days after the date the employee provides...
The FMLA was passed to help families in the time of a crisis so that the individuals would not have to choose between work and personal responsibilities. The eligible employees are permitted to take unpaid, job-protected leave for specified family and medical reasons. The leave can last up to twelve workweeks in any twelve-month period. Reasons for leave include: pregnancy, prenatal complications, adoption/ fostering of a child, hospitalization, care of an immediate family member, or a health condition that makes the employee unable to do his or her job (Solis). This law applies to any employer “engaging in commerce” ...
Overall the Family and Medical Leave Act has raised many issues on whether leave should be encourage and/or paid for by the employers. As of today, no haven policy has been enacted to tackle the challenges surrounding this issue, but positive steps have been taken and one day there will be no question that hard working employees will get the rights they
The statute of limitation refers to the length of time in which a plaintiff can file a claim. The principle behind statute of limitation is that lawsuits cannot be improved as time passes by. For one, clear details of the facts can be blurred as memories can fade and witnesses may die, go away, or lose interest of the case. Ideally, court prefers to settle the case as soon as disputes develop (Warner, 2010). However, for professional and product liabilities, with injuries may take time to manifest, many courts adapted different rules such as postponing the running of the statute until the injury has been reasonably discovered. The length of time differs among states and branches of law (Danzon, 1985). The long and deferred statutes of limitations lead to long tail of claims and contributed majority of medical malpractice and product liability (Danzon, 1985). In this section, statutes of limitations for medical malpractice in two states are compared.
The NSW Criminal Justice System is adequate when dealing with young offenders; however, like any legal system it does have its limitations. The NSW Criminal justice system does uphold the rights of the young offender by providing juveniles with special courts under the Childrens Court Act 1987 (NSW) by providing special protections under the UN’s Convention on the Rights of the Child; the recognising of culpability in regards to the age of the young offender by implementing doli incapax and by arranging a variety of diversionary programs and alternative punishments. However, the limitations of the NSW Criminal justice system in relation to young offenders is Doli Incapax in the The Childrens (Criminal Proceedings Act 1987) NSW which fails to recognise more serious offenders and The Young Offenders Act allowance for youth justice conferencing is not being cultivated for a wide enough range of offenders, leading the exclusion of some young offenders from the benefits that conferencing can offer.
Maternal leave is the period of time where new mothers take off from work following the birth of her baby. Paternal leave is the period of time where new fathers take off from work following the adoption or birth of a child. Family leave is a mixture of both maternal and paternal leave. Family leave has also more to do than just the birth or adoption of a child.
Generally in the public sector and in some instances in the private sector as well, time off with pay methods separate the different types of time off in categories such as vacation leave, sick leave and personal days off. There are a variety of leave types that apply to these methods as well. Organizations also allow time off for jury duty, bereavement, sick time, holidays and off site training to name a few. These types of leave groups require managers and supervisors to manage the usage of each time category and often times a log
Paid sick leave is an entitlement for employees within any organisation, it is meant to be used for when an employee is sick or has family obligations, such as caring for sick loved ones. As in the article ‘Anger at plan to cut medic’s sick leave’ unlike annual leave sick leave cannot be accumulated and employees cannot obtain compensation for sick leave not taken (2004). Paid sick leave is necessary for employees as the entitlement gives them the option for when they cannot attend work due to an illness, sick leave also helps the organisation, as employees with sick leave are able to work reliably and efficiently, and by allowing a sick employee off for a single day can prevent the whole organisation from catching the sickness and reducing productivity. However sick leave schemes are open to abuse, it requires strong administration and planning from the organisation’s human resources department as well as the employer. Researching and planning a sick leave policy plan in which benefits both the employee and employer would help reduce the problem of sick leave abuse while keeping the entitlement available. This paper will discuss what sick leave is, why and how it is abused, why it is a problem for organisations and what type of plans can be used to minimise the abuse of sick leave within an organisation.
A gap year is a period, typically one academic year, taken by a student as a break between secondary school and higher education. Many students consider taking a gap year because they are longing to get work experience and be sure of a career path before they make the decision to head off to college. During those one or two years off before heading to college, students have the opportunity to travel the world, work, experience different jobs, or simply take a break from school. Some parents do not agree with their young adults taking a break from school because they worry that their child will not do something productive with their free time. Although students taking a gap year run the risk of becoming inattentive or accustomed to making some quick cash, and not returning to school, there are numerous benefits for a young adults. young adults to take a gap year off before heading to college; for instance, many colleges want students that are mature and have some work experience.
Company today doesn’t have a strong employee’s policy about the benefits and rules that are putting in place vacation, personal day, and sick day. To prevent absenteeism human resource have to researched in how important they human capital to they organization. They should separate the different department needed and how it effect productions when they is high absent from delay work. Usual company is not very clear about when to use your vacation and personal day. Also when to call out sick, what are the guideline?
A gap year is a time for teens to take off between high school and college. A gap year is used to travel, work, volunteer or study. In general, a gap year has many advantages. This year out of a school is a good time for students to explore the world and gain valuable life skills and experience while learning to be independent. Teens in the U.S. should adopt the British custom of taking a gap year between high school and college in order to gain perspective on personal values and career goals as well as gaining needed life experiences without the pressure and expectations of a school environment. A gap year is a time for students to become independent and learn a sense of responsibility before entering into university life.
The Employment Act consists of many regulations which acts as a basis with regards to payment of salary, conditions of service including rest days and working hours and also leave entitlements including sick leave and childcare leave. It serves to protect the basic rights of the employees and even the employers and it is essential for both parties to follow these regulations to avoid any convictions against them. Each part of the Employment Act has its own set of implications and benefits to either parties.
According to “Facts About A Gap Year,” the definition of a gap year is “a break typically taken between high school and college that might include travel, work, study, volunteering, or research.” Several colleges encourage their admitted students to take a gap year before starting their freshman year. Done the right way, a gap year can help students excel, while if a student completely puts aside their responsibilities, it can plummet their success in college. Students who take a gap year after high school not only mature, but also are prepared for college and the rest of their lives.
They will need to provide certification for one or multiple health care providers at the employer’s expense for more clarification of why the employee needs the leave of absence. “An employer may use a health care provider, a human resource professional, a leave administrator, or a management official – but not the employee’s direct supervisor – to authenticate or clarify a medical certification of a serious health condition” (SHRM) If the employer feels that the employee is not able to return to work due to major health conditions they may also require a letter from their health care professional approving their return.
If staff are absent from work they are not able to carry out the functions for which they have been employed. In many businesses, these functions have to be taken on by someone else - if not, the customer could suffer. Reducing absenteeism is an important feature of human resource management. The extent to which absenteeism affects businesses has been a topical feature. Not only does absenteeism cause problems, but employers are beginning to recognise the effects of 'presenteeism' - staying at work when you are ill or because you believe that in some way your 'presence' will help boost your promotion prospects.