The following Employment Q&A provides comprehensive and up to date legal information covering:
Where an employee has taken a career break, the respective rights and obligations of the parties in relation to the terms on which such break is taken, and the terms on which the employee will return to work, will generally depend on what was agreed. See, for example, Precedents:
Policy—career breaks (contract terminates)
Policy—sabbaticals (contract continues)
Key issues for consideration include:
the status of the contract of employment during the break
whether continuity of employment is preserved during the break, or broken by the break
the statutory or contractual rights the employee may have during the break
the basis on which the employee is to return at the end of the break, and whether their return is guaranteed
to what extent, if any, the employee is entitled to return to the same job
For further information, see Practice Note: Career breaks and sabbaticals.
Clearly, if the employment terminates before the career break or sabbatical starts:
the rights and obligations
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