NSW Not entitled to redundancy upon return from sabbatical?

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NikiB

Member
28 February 2019
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I have been with my company for 11 years and so I have requested 12 months off from work as a gap/sabbatical year which was approved by management. 3 months is covered by annual/long service leave. The remaining 9 months would be taken as Leave Without Pay. During my time off, I am not permitted to work elsewhere and I am still employed by the company although my account will be temporarily suspended. HR is insisting I sign a letter outlining the conditions of my leave, one of which is that the company would no longer be liable for any payments or redundancies if upon my return there is no role for me. Why would I not be entitled to the 11 years of service PRIOR to my time off if I was to be made redundant upon my return?
 

Rod

Lawyer
LawTap Verified
27 May 2014
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Don't sign.

They are asking you to give up your right. If management has already approved your leave you have nothing to gain, and something to lose by signing.
 

NikiB

Member
28 February 2019
4
0
1
Thanks for your reply.

Management has approved as long as it is OK with HR. It just means I am unable to take any more time off beyond my long service leave unless I sign that letter, which I don't intend on doing.