Leave of Absence Agreement - Template, Sample Form Pro · NG-law

LEAVE OF ABSENCE AGREEMENT

This Leave of Absence Agreement (the "Agreement") is made this ________ (the "Effective Date").

BETWEEN

________, of the following address:

________

(hereinafter referred to as the "Employer", which expression shall, where the context so admits, include its successors-in-title and assigns) of the one part.

AND

________, an individual of the following address:

________

(hereinafter referred to as the "Employee", which expression shall, where the context so admits, include his/her personal representatives and assigns) of the other part.

The Employer and the Employee are hereinafter individually referred to as a "Party" and collectively as the "Parties".

BACKGROUND

A. The Employee is currently engaged by the Employer in the capacity of ________ pursuant to a contract of employment dated ________ (the "Employment Contract").

B. The Employee has been continuously employed by the Employer for a period of ________ and has requested a leave of absence.

C. The Employer has agreed to grant a leave of absence to the Employee upon the terms and conditions set out in this Agreement, which terms are supplemental to and shall be read together with the Employment Contract and the Labour Act, Cap. L1, Laws of the Federation of Nigeria 2004.

NOW IT IS HEREBY AGREED as follows:

§1. PURPOSE OF LEAVE

1.1 The leave of absence (the "Leave") is granted to the Employee for the following reason(s):

________

1.2 The Employee warrants that the information provided in support of the request for the Leave is true, accurate and complete, and that the Leave shall be utilised solely for the purpose stated herein.

§2. DURATION OF LEAVE

2.1 The Employer hereby grants a leave of absence commencing on ________ and ending on ________ (the "Leave Period").

2.2 Subject to the terms of this Agreement, the Employee shall resume duty on ________.

2.3 Where the Employee fails to resume duty on the agreed resumption date without lawful justification or a duly approved extension, the Employer shall be entitled, subject to the provisions of the Employment Contract and applicable law, to treat such failure as an abandonment of employment and to terminate the Employee's employment.

§3. EXTENSION OF LEAVE

3.1 The Employee may apply for an extension of the Leave. Such request shall be made in writing not less than ________ prior to the Employee's resumption date.

3.2 The Employee agrees that the grant or refusal of any request for extension lies within the sole discretion of the Employer. Where such request is refused, the Employee shall resume duty on the scheduled resumption date.

§4. REMUNERATION

4.1 During the Leave Period, the Employee shall be entitled to ________ of his/her remuneration and such other employment benefits as are provided under the Employment Contract.

4.2 All remuneration payable hereunder shall be subject to the normal statutory deductions, including but not limited to deductions in respect of the Pay-As-You-Earn (PAYE) tax under the Personal Income Tax Act, contributions under the Pension Reform Act 2014, and any other lawful deductions.

§5. RESTRICTIVE COVENANTS

5.1 The Employee agrees that during the Leave Period he/she shall not, directly or indirectly, engage in any business or undertaking which competes directly or indirectly with the business of the Employer.

5.2 The Employee further agrees that during the Leave Period he/she shall not, directly or indirectly:

(I) induce or attempt to induce any employee, contractor or agent of the Employer to terminate his/her engagement with the Employer or otherwise disrupt the Employer's relationship with its employees, contractors and agents;

(II) solicit, attempt to solicit, or encourage the solicitation of any customer or client of the Employer who was a customer or client of the Employer at the time of, or immediately preceding, the Leave Period.

5.3 The restrictions in this clause are intended to be reasonable in scope and duration and shall be limited to the geographical area of ________ for a period of ________. Should any restriction be held to be unreasonable or unenforceable, it shall apply with such modification as may be necessary to render it valid and enforceable.

5.4 Where the Employee breaches any provision of this clause, the Employer shall be entitled to damages and to seek injunctive relief and such other legal and equitable remedies as may be available.

§6. RIGHTS AND OBLIGATIONS OF THE EMPLOYEE

6.1 The Employee's rights, including the right to remuneration and other benefits as varied by §4, shall continue to subsist during the Leave Period.

6.2 The Employee shall remain bound by the terms and conditions of the Employment Contract and the employee handbook, including but not limited to the code of conduct, confidentiality obligations, leave policies and all other applicable provisions, save as expressly varied by this Agreement.

6.3 The Employee shall, in accordance with the Nigeria Data Protection Act 2023, continue to maintain the confidentiality and security of all personal data and confidential information of the Employer, its employees, customers and clients that may be in his/her possession or control.

§7. TERMINATION OF EMPLOYMENT

7.1 At any time during the Leave Period, the Employee may resign from employment by notice in writing, giving not less than ________ notice to the Employer.

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7.3 The Employer shall be entitled to seek an injunction or any other legal or equitable remedy to prevent any such disclosure or use.

7.4 Where the Employee fails to return to work upon the expiration of the Leave Period, save where a valid extension has been granted, such failure may result in termination of employment in accordance with the Employment Contract and applicable law.

§8. NOTICES

8.1 All notices or communications given or made under this Agreement shall be in writing and addressed to the relevant Party at the address stated above or such other address as may be notified in accordance with this clause. A recipient shall be deemed to have received a notice:

(I) if sent by personal delivery, upon delivery at the address of the relevant Party;

(II) if sent by courier service, upon receipt of proof of delivery;

(III) if sent by electronic mail, upon confirmation of successful transmission to the email address: ________.

8.2 Any Party may designate a different address by giving notice in writing to the other Party.

§9. DISPUTE RESOLUTION AND ARBITRATION

9.1 The Parties shall use their best endeavours to amicably negotiate and settle any dispute or difference arising from or in connection with this Agreement.

9.2 Any dispute which cannot be amicably resolved within ________ shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Mediation Act 2023, or any statutory re-enactment or modification thereof for the time being in force.

9.3 The arbitral tribunal shall consist of ________ arbitrator(s) appointed in the following manner:

________

9.4 The seat and venue of the arbitration shall be ________, and the proceedings shall be conducted in the English language.

9.5 Each Party shall bear its own costs and expenses in relation to the arbitration proceedings save where the tribunal makes an award as to costs against a particular Party.

9.6 The award of the tribunal shall be final and binding on the Parties and may be enforced by any court of competent jurisdiction in Nigeria.

§10. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.

§11. ENTIRE AGREEMENT

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11.2 No representation, warranty or undertaking not expressly contained in this Agreement shall be binding on the Parties.

§12. ASSIGNMENT

Neither Party shall assign, transfer or otherwise deal with its rights or obligations under this Agreement without the prior written consent of the other Party.

§13. COUNTERPARTS

This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute an original, and all such counterparts shall together constitute one and the same instrument.

§14. WAIVER

Any term or provision of this Agreement may be waived in writing at any time by the Party entitled to such benefit. No delay in or failure to exercise any right shall be construed as a waiver thereof.

§15. VARIATION

No variation, supplement, amendment or replacement of any provision of this Agreement shall be effective unless made in writing and executed by both Parties.

§16. SEVERABILITY

If any provision of this Agreement is held to be unenforceable or illegal for any reason, the remaining provisions shall continue in full force and effect.

§17. FURTHER ASSURANCE

The Parties shall execute and deliver all such documents and take all such actions and steps as may be necessary or incidental to give effect to the provisions of this Agreement.

IN WITNESS WHEREOF the Parties hereto have executed this Agreement on the day and year first written above.

SIGNED by the within-named Employer

________

____________________________

Signature of Employer

In the presence of:

Name: ________

Address: ________

Occupation: ________

Signature: ......................................................................................................................

SIGNED by the within-named Employee

________

____________________________________

Signature of Employee

In the presence of:

Name: ________

Address: ________

Occupation: ________

Signature: ......................................................................................................................