Leave of Absence Agreement - Template, Sample Form Pro · US-law
✓ Valid in United States · drafted to comply with local law
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LEAVE OF ABSENCE AGREEMENT
State of ________
This Leave of Absence Agreement (this "Agreement") is entered into and made effective as of ________ (the "Effective Date"), by and between ________, a ________ organized and existing under the laws of the State of ________, having its principal place of business at:
________
and ________, an individual, having a primary residence at:
________
Hereinafter, "Employer" shall refer to ________, and "Employee" shall refer to ________. Employer and Employee may be referred to individually as a "Party" and collectively as the "Parties."
RECITALS
WHEREAS, Employee currently works for Employer in the following position: ________ (the "Position");
WHEREAS, Employee has been employed by Employer for the following period of time: ________;
WHEREAS, Employee desires to take a leave of absence from the Position (the "Leave");
WHEREAS, Employer has agreed to grant the Leave subject to the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
§ 1. LEAVE
1.1 Employee has requested, and Employer has agreed to grant, the Leave for the following reason: ________.
1.2 The Leave shall commence on ________ and shall end on ________. Employee shall return to active duty on ________.
§ 2. COMPENSATION AND BENEFITS
2.1 The Leave shall be ________.
2.2 If the Leave is compensated, Employee shall receive Employee's normal salary at the rate of ________ for the duration of the Leave, less all applicable federal, state, and local tax withholdings and other deductions required or authorized by law.
2.3 During the Leave, Employee shall continue to be eligible for group health plan coverage, and Employer shall maintain such coverage on the same terms as if Employee had continued active employment, to the extent required by applicable law, including the Consolidated Omnibus Budget Reconciliation Act (COBRA) and the FMLA where applicable. Employee shall remain responsible for Employee's share of any premium contributions, in the amount of ________, payable on the following schedule: ________.
2.4 Except as required by applicable law, Employee shall not accrue paid time off, vacation, holiday pay, or other benefits during the Leave unless otherwise expressly provided herein or in a separate written agreement between the Parties.
§ 3. NON-COMPETITION
3.1 During the Leave, Employee agrees not to engage, directly or indirectly, in any business that competes with Employer within the following geographic area: ________, including by acting as an owner, partner, officer, director, consultant, or agent of any competing business, by becoming an employee of any third party engaged in such business, or by soliciting any customer or client of Employer.
§ 4. EMPLOYEE'S RIGHTS
4.1 Employee's seniority shall not be adversely affected by the Leave, nor shall any of Employee's rights that depend upon continuity of employment, including financial or retirement plan rights, if applicable, be diminished by reason of the Leave, except as otherwise required by the terms of any applicable benefit plan or by law.
4.2 Upon the conclusion of an approved Leave, Employee shall be restored to the Position or to an equivalent position with equivalent pay, benefits, and other terms and conditions of employment, to the extent required by applicable law.
§ 5. REQUEST FOR EXTENSION
5.1 Employee may submit a written request to extend the Leave no later than ________ prior to Employee's scheduled return date. Employer shall consider any such request and may approve or deny it in writing in its discretion, subject to applicable law. If the request is denied, Employee shall return to work as scheduled.
§ 6. TERMINATION
6.1 Subject to applicable law and the protections afforded to Employee under § 1.3, Employee's failure to return to work as scheduled or material failure to comply with the terms of this Agreement may result in termination of employment. Nothing in this Agreement alters the at-will nature of Employee's employment, if applicable.
§ 7. INJUNCTIVE RELIEF
7.1 The Parties agree that a breach of the non-competition obligations set forth in § 3 would cause irreparable harm to Employer for which monetary damages would be an inadequate remedy. Accordingly, in the event of such a breach or threatened breach, Employer shall be entitled to seek injunctive and other equitable relief, without the necessity of posting a bond, in addition to any other remedies available at law or in equity.
§ 8. DISPUTE RESOLUTION
8.1 The dispute resolution provisions of any written employment agreement between the Parties shall apply to any dispute arising under this Agreement. If no such prior written agreement or dispute resolution provision exists, the Parties shall first confer in good faith to attempt to resolve the dispute.
8.2 If the Parties are unable to resolve the dispute, any controversy or claim arising out of or relating to this Agreement shall be resolved by final and binding arbitration administered by ________ in accordance with its applicable rules, and judgment upon the award rendered may be entered in any court having jurisdiction thereof. The arbitration shall take place in ________, shall be conducted before an impartial arbitrator, and shall be confidential. Nothing in this provision shall preclude either Party from seeking injunctive relief under § 7. This provision is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) to the extent applicable.
§ 9. ASSIGNMENT
9.1 Employer's rights and obligations under this Agreement shall inure to the benefit of and be binding upon Employer's successors and assigns. Employee may not assign or delegate Employee's rights or obligations under this Agreement without the prior written consent of Employer.
§ 10. GOVERNING LAW AND VENUE
10.1 This Agreement shall be governed by and construed in accordance with the laws of the State of ________, without regard to its conflict-of-laws principles, and any applicable federal law. Subject to § 8, the Parties consent to the exclusive jurisdiction and venue of the state and federal courts located in ________.
§ 11. ENTIRE AGREEMENT
11.1 This Agreement constitutes the entire agreement between the Parties with respect to its subject matter and supersedes all prior or contemporaneous understandings, whether written or oral.
§ 12. HEADINGS
12.1 Headings used in this Agreement are for convenience of reference only and shall not be construed to limit or otherwise affect the meaning of any provision.
§ 13. SEVERABILITY
13.1 If any provision of this Agreement is held invalid or unenforceable, in whole or in part, that provision shall be severed from the remainder of the Agreement, and all other provisions shall continue in full force and effect.
§ 14. WAIVER
14.1 The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver of that Party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
§ 15. NO MODIFICATION
15.1 No modification or amendment of this Agreement shall be valid unless in writing and signed by both Parties.
§ 16. COUNTERPARTS
16.1 This Agreement may be executed in counterparts, including by electronic signature, each of which shall be deemed an original and all of which together shall constitute one and the same agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
________________________________________
Printed Name of Employee: ________
________________________________________
Signature of Employee
Date: ________
________________________________________
Name of Employer Representative: ________
________________________________________
Signature of Employer Representative
Title of Employer Representative: ________
Date: ________
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