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Leave of absence (tjänstledighet) information and conditions

Hej,

I would like to know more on the leave of absence (rules and general information).
What are the conditions to apply for it? Do i need to work for some time in the company, how long in advance should I apply, and can my request be declined?

Can I also get back my previous position after the leave of absence?

Thank you

Kommentarer

  • Hi David,

    There are no general right to a leave of abscence. To be entitled to a leave it must be regulated in law or in the applicable collective agreement. If you want a leave outside of what you are entitled to according to law or collective agreement, you and your employer must agree on the matter.

    If you are entitled to a leave through law or collective agreement, you are entitled to go back to your position unless the employer have had objective grounds for changing it. The leave itself can not be the reason. If you agree on a leave outside of law or collective agreement the employer must still have objective grounds to change your employment.

    Here are examples of the most frequenty used laws that entitles you to a leave of absence:

    Study Leave Act
    - Qualification time: Employed during the previous 6 month or during 12 months within the last 2 year period.
    - The employer can postspone the leave. We therefore recomend that you apply at least 6 month ahead of the leave.
    - You have the right to go back to work early, in accordance with certain time limits.
    Parental leave act
    - Qualification time: None.
    - Many different rules. Read up on the terms well ahead of the leave or contact Naturvetarna for guidance, if you are a member.
    - You have the right to go back to work early, in accordance with certain time limits
    Leave of abscence to conduct business operations

    - Qualification time: Employed during the previous 6 months or during 12 months within the last 2 year period.
    - The leave must be full time for a maximum of 6 months.
    - The business is not allowed to compete with your employers business.
    - The employer have the right to reject the leave if it causes a substantian inconvenience for the employer (a quite high requirement)
    - You have the right to go back to work early, in accordance with certain time limits

    If you want advice on your specific situation, contact Naturvetarna. If you are not a member, you can become one here.

    Best regards,
    Jacob

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