Leave of Absence Agreement - Template, Sample Form
✓ Valid in Nigeria
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LEAVE OF ABSENCE AGREEMENT
This Leave of Absence Agreement (the "Agreement") is made this ________ (the "Effective Date").
BETWEEN
________, an individual 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).
AND
________, an individual of the following address:
________
hereinafter referred to as (the "Employee" which expression shall where the context so admits include its successors-in-title and assigns).
BACKGROUND
A. The Employee is currently working for the Employer as ________.
B. The Employee has worked for the Employer for ________ and has requested for a leave of absence.
C. The Employer has agreed to grant a leave of absence to the Employee based on the conditions outlined in this document.
1. PURPOSE OF LEAVE
The Leave is granted to the Employee for the following reason(s):
________
2. DURATION OF LEAVE
The Employer hereby grants a leave of absence commencing from to ________, ending on ________. Subject to the terms of this Agreement, the Employee is required to resume work on ________. If the Employee fails to resume work on the agreed date, the Employer shall have the right to terminate the Employee's employment.
3. EXTENSION OF LEAVE
The Employee may apply for an extension of the leave of absence. The request shall be done in writing within ________ prior to the Employee's date of resumption.
The Employee agrees that the Employer has the discretion to either grant or deny the request for extension. If this request is denied, the Employee shall be expected to resume work on the scheduled date.
4. REMUNERATION
The Employee shall be entitled to their full remuneration, and other employment benefits as contained in their employment contract for the duration of the leave. Such remuneration shall be subject to the normal statutory deductions made by the Employer.
5. PROHIBITION
The Employee agrees that during the leave, the Employee shall not directly or indirectly engage in any business which competes directly or indirectly with the Employer's business.
The Employee also agrees not to indirectly or indirectly:
(I) induce or attempt to induce any employee, contractor or any other agent of the Employer to quit employment 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/client of the Employer who were customers or clients of the Employer at the time or immediately preceding the termination of this Agreement.
If the Employee violates the provisions of this clause, the Employer shall be entitled to damages, in addition to an injunction and other legal and equitable reliefs.
6. RIGHTS AND OBLIGATIONS OF EMPLOYEE
The Employee's rights such as, the right to remuneration and other rights and benefits shall not be affected by this leave. The Employee shall continue to be bound by the terms and conditions of their employment contract and the employee handbook, which includes, but not limited to, the employee's code of conduct, confidentiality provisions, leave policies, and other relevant provisions applicable to the Employee.
7. TERMINATION OF EMPLOYMENT
At any time during the leave, the Employee may resign from employment in writing. The Employee is required to issue a ________ notice to the Employer.
If the Employee fails to return to work after the expiration of the Leave, it shall result to immediate termination of employment.
8. NOTICES
All notices or communication given or made under this Agreement shall be in writing. The recipient shall be deemed to have received the 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 the notice is a facsimile, upon receipt of confirmation of transmission.
Any Party may designate a different address by giving a notice in writing to the other Party.
9. ARBITRATION
The tribunal shall consist of ________ arbitrators who shall be elected in the following manner:
________
The arbitration proceedings shall be held in: ________ and conducted in English language. Each Party shall bear their own cost and expenses in relation to the arbitration proceedings except where an award has been made by the arbitrators for cost to be borne by a particular Party.
The decision of the arbitrators shall be final and binding on all the Parties and shall be enforced by any competent court.
10. GOVERNING LAW
This Agreement shall be governed by the laws of the Federal Republic of Nigeria.
11. ENTIRE AGREEMENT
This Agreement, together with the Employee's existing employment contract and the employee handbook, constitutes the entire agreement between the Parties with respect to the subject matter herein and supersedes all prior agreements, representations, negotiations and understandings, whether oral or written, between the Parties relating to its subject matter.
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, or failure to exercise any right shall be construed as waiver.
15. VARIATION
No part, supplement, amendment, or replacement of any form shall be made effective except such variation is done with the express written consent of both Parties.
16. SEVERABILITY
If any part of this Agreement is held unenforceable or illegal for any reason, the remainder of this Agreement shall continue to be in force and have effect.
17. FURTHER ASSURANCE
The Parties shall execute and deliver all such documents and take all such actions and steps to procure the performance of all such acts 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 this 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:.......................................................................................................................
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