Taking a years leave from work- the do's and donts?

corkrobinhood

I'll try and make this as understandable as possible,sorry if I make a bags of it,I always start off with the best intentions and it goes to pot!

Basically i'm working in the same place for nearly 7 years now ( i'll be there 7 years exactly this May ). During that time ive worked under a few different companies who would have payed me,but it was always the same job,same workplace,just different bosses at the very top.

My own boss that I report to directly never changed in the 7 years since I sat down to do an interview with him before I started.

I'd like to take a year out and head off travelling and working in a different country for a bit before coming home and coping on!

The plan was to ask my workplace would they give me a year off to travel,but also keep me job open for me when I return in a years time.

Is their anything I should know before approaching my workplace about this?
Am I entilted to take a career break after 7 years?

Can they refuse me legally,or would it be illegal?

Would I be within my rights to ask to get it in writing that my job would be kept open for me?

Any and all info or help greatly appreciated!
Thanks.

chris85

corkrobinhood wrote: »

I'll try and make this as understandable as possible,sorry if I make a bags of it,I always start off with the best intentions and it goes to pot!

Basically i'm working in the same place for nearly 7 years now ( i'll be there 7 years exactly this May ). During that time ive worked under a few different companies who would have payed me,but it was always the same job,same workplace,just different bosses at the very top.

My own boss that I report to directly never changed in the 7 years since I sat down to do an interview with him before I started.

I'd like to take a year out and head off travelling and working in a different country for a bit before coming home and coping on!

The plan was to ask my workplace would they give me a year off to travel,but also keep me job open for me when I return in a years time.

Is their anything I should know before approaching my workplace about this?
Am I entilted to take a career break after 7 years?

Can they refuse me legally,or would it be illegal?

Would I be within my rights to ask to get it in writing that my job would be kept open for me?

Any and all info or help greatly appreciated!
Thanks.

There is no legal entitlement for a company to allow you to take a career break. Some companies do have policies to allow this but many dont. So of course they would be well within their rights to refuse the request. In fairness would be unfair for companies to have to allow employees take career breaks when they wish.

Is there a policy in place for career breaks in the company? Have others taken this option if so?

corkrobinhood

chris85 wrote: »

There is no legal entitlement for a company to allow you to take a career break. Some companies do have policies to allow this but many dont. So of course they would be well within their rights to refuse the request. In fairness would be unfair for companies to have to allow employees take career breaks when they wish.

Is there a policy in place for career breaks in the company? Have others taken this option if so?

I dont think theres any policy in place tbh.
Also no employees have taken career breaks,certainly not in my sector in the company anyway.

I suppose it would be more down to good faith that they'd let me take one?

The thing that worries me would be if I could get them to agree to keep a position open for me in the workplace.....and then to return in a years time and find ' oh we're very sorry,theres no job available now'.....

That would be a big worry for me,this company wouldnt be shy of pulling a stunt like that.

Maura74

Have a look in your company staff handbook if will say in there if the company gives a career break. If the company does gives a career break you will be able to retune to your job on the same condition, nothing will change, you will also be entitled to your holidays while on it, therefore it is best to take it at the end of the tax year. Have a word with HR in your company.

corkrobinhood

Will do,thanks.

tatli_lokma

Maura74 wrote: »

Have a look in your company staff handbook if will say in there if the company gives a career break. If the company does gives a career break you will be able to retune to your job on the same condition, nothing will change, you will also be entitled to your holidays while on it, therefore it is best to take it at the end of the tax year. Have a word with HR in your company.

This is incorrect - there is no entitlement to holidays as you have not worked enough hours to have an entitlement. You are essentially on unpaid leave and you do not accrue holidays on unpaid leave unless it is maternity or parental leave and one or two others, but not career break.

Maura74

tatli_lokma wrote: »

This is incorrect - there is no entitlement to holidays as you have not worked enough hours to have an entitlement. You are essentially on unpaid leave and you do not accrue holidays on unpaid leave unless it is maternity or parental leave and one or two others, but not career break.

You employment rights will still be the same including holidays entitlement. I know plenty that has taken a careen breaks and they got their holidays payments for the the career break. They could take their it at the beginning or at the end of the career break.

tatli_lokma

Maura74 wrote: »

You employment rights will still be the same including holidays entitlement. I know plenty that has taken a careen breaks and they got their holidays payments for the the career break. They could take their it at the beginning or at the end of the career break.

Your employment rights state that you are entitled to leave provided you actually work hours in the first place (1365 hours in order to get 4 weeks). Only some leave type such as maternity, parental, adoptive, force majeure are treated as if you continued to work. Career breaks are not covered in this way. Some companies may give the benefit of annual leave but it is not a legal entitlement and not usual.

Also if some people took leave at the start of the careers break it could be that the leave was accrued in the previous year.

Mr. Loverman

Sit down with your manager and ask would it be possible to take a sabbatical for a year to go traveling.

Do not bypass your manager as her decision will count for a lot when the company is deciding what to do.

Obviously if you are good at your job and valued by the company, you have a higher chance of your job still existing when you return in a year.

Holiers

From a tax perspective make sure to go mid year. It makes no sense to go December to December.

Maura74

tatli_lokma wrote: »

Your employment rights state that you are entitled to leave provided you actually work hours in the first place (1365 hours in order to get 4 weeks). Only some leave type such as maternity, parental, adoptive, force majeure are treated as if you continued to work. Career breaks are not covered in this way. Some companies may give the benefit of annual leave but it is not a legal entitlement and not usual.

Also if some people took leave at the start of the careers break it could be that the leave was accrued in the previous year.

A am aware how holiday is accrued but this has been the case in some multinational companies, all holiday leave was granted for the time off, career break, special leave etc., OP should check with HR, but also check about holiday leave as well.

Mrs OBumble

corkrobinhood wrote: »

The thing that worries me would be if I could get them to agree to keep a position open for me in the workplace.....and then to return in a years time and find ' oh we're very sorry,theres no job available now'.....

That would be a big worry for me,this company wouldnt be shy of pulling a stunt like that.

In fairness, OP, you could equally well write to them after 11 months with "Sorry, but I've fallen in love with an Australian and won't be back. Been nice knowing ya". Most employees woudn't be shy of pulling that stunt.

I don't know what's common in Ireland- and it will be different for public sector and also for multi-nationals vs local small/medium businesses.

But where I come from, long term unpaid leave would be on the basis that if they have a suitable job when you come back, and you get that job, then you can retain your previous length of service etc. There would almost never be a guarantee of exactly the same job being available.

tatli_lokma

Maura74 wrote: »

A am aware how holiday is accrued but this has been the case in some multinational companies, all holiday leave was granted for the time off, career break, special leave etc., OP should check with HR, but also check about holiday leave as well.

That's fair enough but there is a distinct difference between a company offering time off and it being an entitlement. There is no entitlement which is what you originally advised.

corkrobinhood

Mrs OBumble wrote: »

In fairness, OP, you could equally well write to them after 11 months with "Sorry, but I've fallen in love with an Australian and won't be back. Been nice knowing ya". Most employees woudn't be shy of pulling that stunt.

I don't know what's common in Ireland- and it will be different for public sector and also for multi-nationals vs local small/medium businesses.

But where I come from, long term unpaid leave would be on the basis that if they have a suitable job when you come back, and you get that job, then you can retain your previous length of service etc. There would almost never be a guarantee of exactly the same job being available.

Absolutely,and I wouldnt be the first person to do it if I did!

However after 7 years unbroken service to the company I would like to think they know me better than that!

Thanks for all the replies and help people,much appreciated,will be pursing this further next week,i'll post up how it goes,too busy this week to be asking for meetings!

Maura74

tatli_lokma wrote: »

That's fair enough but there is a distinct difference between a company offering time off and it being an entitlement. There is no entitlement which is what you originally advised.

When on a career break this does not mean that you rescinded your employment contract and holiday is leave is statutory entitlement.

However employees should discuss this with their HR that is if the company gives career breaks. HR will advise on their company's terms and conditions regarding career breaks.

chris85

Maura74 wrote: »

When on a career break this does not mean that you rescinded your employment contract and holiday is leave is statutory entitlement.

However employees should discuss this with their HR that is if the company gives career breaks. HR will advise on their company's terms and conditions regarding career breaks.

If they have not working any hours they have no statutory entitlement to annual leave.

From citizens info:

There are 3 different ways of calculating your annual leave entitlement:

Based on the employee's working hours during what is called the leave year, which runs from April to March. An employee who has worked at least 1,365 hours in the leave year is entitled to the maximum of 4 working weeks' annual leave unless the employment ceases during the leave year. Many employers use the calendar year (January-December) instead of the official leave year to calculate entitlement

By allowing 1/3 of a working week for each calendar month in which the employee has worked at least 117 hours

8% of the hours worked in the leave year, subject to a maximum of 4 working weeks

corkrobinhood

Is their anything in citizens info about career breaks or a year out?

tatli_lokma

Maura74 wrote: »

When on a career break this does not mean that you rescinded your employment contract and holiday is leave is statutory entitlement.

However employees should discuss this with their HR that is if the company gives career breaks. HR will advise on their company's terms and conditions regarding career breaks.

You completely misunderstand how annual leave accrued. You have a right to statutory leave PROVIDED you have worked 1365 hours. People on career break have worked zero hours so get no leave. They still have the right to leave IF they work the hours, so their rights are retained, but as they have not worked any hours they are not entitled to receive any annual leave.

Maura74

tatli_lokma wrote: »

You completely misunderstand how annual leave accrued. You have a right to statutory leave PROVIDED you have worked 1365 hours. People on career break have worked zero hours so get no leave. They still have the right to leave IF they work the hours, so their rights are retained, but as they have not worked any hours they are not entitled to receive any annual leave.

Op said she been employed for 7 years therefore got contract & not on zero hours. Some large companys give this perk to their employee's with conditions attached. Such as they may not be able 2 return to their same job within the company, also it will depend on the business needs whether they get unpaid career break or not. Normally the employee will have be employed for 2 years to qualify a career break. Some
companies maybe pleased if they are not doing well to give a career break.

As for holiday entitlement , some companies gives parents 1st crack of the whip regarding takins holidays to fit in with school holidays, they maybe asked at the beginning of the year to give holidays they want for the year. But if you qualify for a career break then you are entitled to your statutory holiday leave. However, HR will advise whether you can have your holiday leave at beginning or end of break.

Mrs OBumble

Maura74 wrote: »

But if you qualify for a career break then you are entitled to your statutory holiday leave. However, HR will advise whether you can have your holiday leave at beginning or end of break.

Maura74, you are confusing the features offered by some employment contracts with general employment rights.

If the OP's company offers career breaks in general, then the company will have documetation outlinking how to qualify and what they are entitled to.

More likely, the OPs company will not offer "career breaks" as such. They may be willing to grant long term unpaid leave with some confitions. But in this case, general employment law applies, meaning that because the employee is not working, they do not accure leave entitlement either.

It all comes down to the OP's contract and the employer's policies - neither of which we can advise about here.

There are some countries which offer long-term career breaks as part of their employment law (Australia did, not sure if they still do). But Ireland isn't one of them.

chris85

Maura74 wrote: »

Op said she been employed for 7 years therefore got contract & not on zero hours. Some large companys give this perk to their employee's with conditions attached. Such as they may not be able 2 return to their same job within the company, also it will depend on the business needs whether they get unpaid career break or not. Normally the employee will have be employed for 2 years to qualify a career break. Some
companies maybe pleased if they are not doing well to give a career break.

As for holiday entitlement , some companies gives parents 1st crack of the whip regarding takins holidays to fit in with school holidays, they maybe asked at the beginning of the year to give holidays they want for the year. But if you qualify for a career break then you are entitled to your statutory holiday leave. However, HR will advise whether you can have your holiday leave at beginning or end of break.

You are confusing a perk with statutory rights. You mentioned in previous post on thread that leave is statutory right. It is only if satisfy conditions which are outlined.

Back on topic, OP, you need to check company policy basically. You have no stautory right to career break but maybe your company offer it.

Best of luck with it.

tatli_lokma

Maura74 wrote: »

Op said she been employed for 7 years therefore got contract & not on zero hours. Some large companys give this perk to their employee's with conditions attached. Such as they may not be able 2 return to their same job within the company, also it will depend on the business needs whether they get unpaid career break or not. Normally the employee will have be employed for 2 years to qualify a career break. Some
companies maybe pleased if they are not doing well to give a career break.

As for holiday entitlement , some companies gives parents 1st crack of the whip regarding takins holidays to fit in with school holidays, they maybe asked at the beginning of the year to give holidays they want for the year. But if you qualify for a career break then you are entitled to your statutory holiday leave. However, HR will advise whether you can have your holiday leave at beginning or end of break.

*facepalm*

corkrobinhood

Thanks again everyone.

Have read through my employee handbook and theres no mnetion of any breaks bar maternity leave.

Also that book was issued by the original company who are no longer running the business,so i'm guessing it wouldnt stand for much anyway.

Next course of action is approaching my workplace! Should be fun

kelstim

Hi All
I have worked for the same company for 15 years and i would like to go to the uk for a year or 2 back to my family any how
Dose any one know if i can take a career break but work for the same company but in diffent country

Cheers

whomitconcerns

kelstim wrote: »

Hi All
I have worked for the same company for 15 years and i would like to go to the uk for a year or 2 back to my family any how
Dose any one know if i can take a career break but work for the same company but in diffent country

Cheers

ask your company.

kelstim

cheers whomitconcerns

whomitconcerns

well theres no other answer to give....there is no entitlement anywhere in law. 100% up to your company at their discretion.