Leaves of absence

The right to mandatory work or administrative leave is based on either legislation or employment contracts or collective agreements. The most common mandatory administrative leaves include sick leave, maternity leave, parental leave, and family care leaves. Study leave is also a widely used form of leave that employers must grant if the prescribed conditions are met. Mandatory administrative leave can be paid or unpaid depending on what is stipulated in the law or agreed upon in the employment contract or collective agreement. 

If the right to leave has not been provided for, mandated, or agreed upon, granting that leave is discretionary. The most common discretionary administrative leaves include work or administrative leave for another position or task, leave granted for personal matters (either fully or partially), sabbaticals, and partial administrative leave for receiving a part-time pension. The right to take a sabbatical is diminishing, and if the proposed legislative change is implemented, the last sabbaticals should start by July 31, 2024. 

For discretionary work and administrative leaves, the employer’s right to decide on granting or denying leave is restricted only by the requirement of fair treatment and non-discrimination. If the employer has established a consistent practice regarding granting discretionary leaves, that practice must be followed in each individual case unless there is a valid and justifiable reason to act otherwise. 

The compensation for discretionary work or administrative leave is also at the discretion of the employer and can be paid, partially paid, or unpaid. 

There are no specific regulations or provisions in the law or in employment contracts regarding the maximum duration or number of discretionary leaves mentioned above. Therefore, the employer can decide on the maximum length of administrative leaves they grant. 

Usually, leave must be applied for in writing, and although in some cases an official leave of absence can be granted based on an oral application, it is not recommended. For both the employer and the applicant of leave, a written application and a decision to grant leave are the safest option in terms of legal protection. If there is later ambiguity about how or for what purpose an official leave of absence was requested and granted, it can be quite difficult to resolve the matter unless the application and decision have been made in writing. 

A leave cannot be granted contrary to the application. Whether it is a mandatory or discretionary official leave of absence, the employer is bound by the leave application. Even if a work-related or official leave of absence has been requested incorrectly or if the employer does not want to grant it in the requested manner, the application must either be rejected or the applicant given the opportunity to amend the application. If, on the other hand, mandatory leave of absence is requested according to the law or a collective agreement, it must be granted exactly as requested, even if it may not be expedient for the employer in a specific individual situation. 

Leave must, per se, be used for the purpose for which it was requested and granted. For instance, parental leave must be used for caring for children, not for doing another job. An employer may even have the right to interrupt or revoke granted work-related or official leave if it turns out that it is being used for a different purpose than that for which it was granted. 

Once a work or administrative leave has been granted, the applicant cannot unilaterally cancel it unless so stipulated, prescribed, or agreed upon. This is justified because the employer may have arranged work for the duration of the leave and because the position of a possible substitute is also reasonably secured.