Legal Corner

LEGAL CORNER

Sia Charles Marunda : Lawyer

Legal & Human Rights Center

Question: I am a woman of 32 years old. I have been working in a company as an accountant for almost eight years now. I have been a very hard worker and sometime I failed to take my annual leave due to our busy work environment. Recently I asked my boss for an unpaid leave of three months, so that I set up my family business and leave a relative managing it while I go back to work and my boss has refuse. What are my rights as an employee?

Legal answer: Generally an employee is entitled to the following kind of leaves: Maternity leave, paternity leave, sick leave, an emergency leave in case of  the death of a close member of the family and also an annual leave. All these are paid leave but in case of unpaid leaves it's different in each sector. 

In public sectors they allow an emergency leave, education leave or any other leave as long as you can prove that you have a sufficient reason. In private sectors you might be allowed an unpaid leave as long as you have sufficient reason and your absence will not hinder the output of the employer's expectations. So you can ensure that your absence will not interfere with employers need for sufficient outcome. But and if unpaid leave is long, an employer might choose to find a replacement during the employees absence to secure his need for production. 

So she may be entitled to leave but there are many risks involved, and three month is a long time for a person to be absent unless she is okay with a temporary replacement in which we don't know how it might end.