LEAVE OF ABSENCE AGREEMENT

This Leave of Absence Agreement (hereinafter referred to as “the Agreement”) is made on [INSERT DATE ON WHICH THE AGREEMENT COMES INTO FORCE] hereinafter referred as the “Effective Date”) between:

[INSERT NAME OF THE EMPLOYER], having registered office at [INSERT ADDRESS OF THE EMPLOYER] (hereinafter referred to as the “Employer” which expression shall, unless repugnant to the context or meaning thereof, means and includes its legal representatives, executors, administrators and permitted assigns); and

[INSERT NAME OF THE EMPLOYEE], having registered office at [INSERT ADDRESS OF THE EMPLOYEE] (hereinafter referred as the “Employee” which expression shall, unless repugnant to the context or meaning thereof, means and includes its legal representatives, executors, administrators and permitted assigns);

The Employer and Employee shall be collectively referred as “Parties” and individually as “Party”.

WHEREAS:

1. The Employee holds the position of [INSERT EMPLOYEE’S JOB ROLE] and wishes to take a leave of absence for duration as mentioned in this agreement.
2. The Employer has agreed to grant the Employee’s request for the leave under the terms and conditions set forth in this agreement.
3. The parties are duly authorized and have the capacity to enter into this agreement.
4. Both the parties affirm to understand the provisions contained herein and in case either party requires clarification as to one or more provisions, either party has had the right to seek clarifications or sought legal guidance.

NOW, THEREFORE, in consideration of the mutual promises contained herein and intending to, be legally bound, the Parties have agreed as follows:

1. PURPOSE
   1. The purpose of this agreement is to outline terms and conditions under which the employee will be granted absence of leave from their current job role.
2. LEAVE DETAILS
   1. The Employee has requested a leave of absence from [INSERT THE START DATE OF THE ABSENCE] TO [INSERT THE END DATE OF THE ABSENCE] for the purpose of [INSERT THE PURPOSE OF LEAVE].
   2. The Employee agrees to return to their position and resume work on [INSERT EMPLOYEE’S RETURN DATE], following the completion of their absence of leave.
3. COMPENSATION AND BENEFITS
   1. It is agreed that the Employee [INSERT WHETHER EMPLOYEE WILL OR WILL NOT RECEIVE THEIR SALARY DURING THEIR LEAVE OF ABSENCE] receive their regular salary for the full duration of the leave of absence.
   2. It is also agreed that the Employee [INSERT WHETHER EMPLOYEE WILL OR WILL NOT RECEIVE FRINGE BENEFITS DURING THEIR ABSENCE OF LEVAE] continue to receive fringe benefits if any, during the leave period.
4. NON-COMPETITION
   1. During the leave of absence, the Employee shall not, directly or indirectly, engage in or be involved with any business or activity that competes with the Employer’s business.
   2. The Employee acknowledges and agrees that the restrictions set forth in this clause are reasonable and necessary to protect the Employer’s legitimate business interests, including its confidential information, customer relationships, and goodwill. The Employee further acknowledges that a breach of this clause may result in legal action and the Employer’s right to seek injunctive relief, in addition to any other remedies available under applicable law.
5. OBLIGATIONS
   1. The Employee agrees to maintain regular communication with the Employer during the leave period and provide updates on their status.
   2. The Employee must notify the Employer at least [INSERT THE NUMBER OF DAYS REQUIRED FOR PRIOR NOTICE] days prior to the return date if they are unable to return to work as scheduled.
   3. The Employer agrees to hold the Employee’s position, or a comparable position, available for the Employee upon their return from leave, subject to any organizational changes.
6. CONFIDENTIALITY
   1. During the leave of absence, the Employee will hold in the strictest confidence, and take all reasonable precautions to prevent any unauthorized use or disclosure of Confidential Information, and the employee will not disclose the Confidential Information to any third-party without the prior written consent of the Employer.
7. NON-COMPLIANCE AND TERMINATION
   1. Failure to comply with any of the terms of this Agreement, including but not limited to failure to return to work on the agreed-upon date without providing any prior notice, may result in termination of employment.
   2. The Employer reserves the right to terminate the Employee’s employment if there is a breach of this Agreement or if the Employee does not return to work as scheduled, subject to applicable laws.
8. APPLICABLE LAW
   1. This Agreement shall be governed by and constructed in accordance with the Laws, rules, orders and regulations of [INSERT THE COUNTRY/STATE OF APPLICABLE LAWS]
   2. The Parties shall resolve all disputes in connection with the validity or interpretation of this Agreement, unless otherwise expressly stated in the Agreement, in the following manner: 
      1. By direct negotiations between the Employer and Employee. 
      2. If negotiations between the parties are unsuccessful, the matter shall be referred to the competent court sitting at [INSERT THE PLACE OF COURT WHICH SHALL HAVE EXCLUSIVE JURISDICTION IF THE NEGOTIATIONS ARE UNSUCCESSFUL BETWEEN THE PARTIES] which shall have exclusive jurisdiction in all matters arising there from unless otherwise agreed between the Parties in writing.
9. DISPUTE RESOLUTION
   1. All disputes arising under this agreement shall be governed by and interpreted in accordance with the Arbitration laws of [INSERT COUNTRY/STATE OF ARBITRATION] , without regard to principles of conflict of laws. The parties to this agreement will submit all disputes arising under this Agreement to Arbitration in [INSERT COUNTRY/STATE OF ARBITRATION] before a single arbitrator .The arbitrator shall be selected by mutual agreement of the parties. The venue of Arbitration proceedings shall be [INSERT NAME OF COUNTRY AND CITY WHERE ARBITRATION SHALL BE CONDUCTED] No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section.
   2. The decision of the Arbitrator shall be final and binding upon the parties.
10. MISCELLANOUS
    1. Modifications: Except as otherwise provided herein this Agreement shall not be amended or otherwise modified unless the modification or amendment is done in writing, signed and has been mutually agreed by both the parties.
    2. Language: The language of all communications between the parties pursuant to this Agreement, including notices and reports, will be the English.
    3. Severability: If any provision of this Agreement shall, to any extent, be held to be invalid or unenforceable, it shall be deemed to be separate and severable from the remaining provisions of this Agreement, which shall remain in full force and effect and be binding as though the invalid or unenforceable provision had not been included.
    4. Entire agreement: This agreement along with all the Exhibits constitutes the entire understanding and agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the parties. This Agreement may be executed in identical duplicate counterparts, each of which shall be deemed an original, and both of which together shall constitute one and the same instrument. 
    5. No Waiver: Any failure or delay of any Party hereto in exercising any right or privilege with respect to this Agreement shall not be construed to be a waiver or to affect the validity of any part of the Agreement and shall not retrain any of the Parties to enforce any of the provisions of the Agreement.
    6. Amendments and Assignments:  Any amendments to this Agreement shall be made, only if, both Parties agree upon such amendment in writing. This Agreement shall not be assigned by either party without the express, written consent of the other party.
    7. Headings: The headings upon the various sections are solely for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of the provisions of this Agreement, nor shall such headings otherwise be given any legal effect.
11. DECLARATION
    1. The parties hereby understand and expressly agree to the provisions laid down in the present agreement and in good faith, undertake that both parties shall follow the terms of this agreement in good conscience in order to secure better growth of both the Parties.

IN WITNESS WHEREOF, the parties, intending to be legally bound, have each executed this agreement as of the effective date.

Signed, sealed and delivered on behalf of Employer

Name: [INSERT NAME OF THE EMPLOYER/SIGNING AUTHORITY AND DESIGNATION]

Signature:

Date: [INSERT SIGNING DATE OF EMPLOYER]

Signed, sealed and delivered on behalf of Employee

Name: [INSERT NAME OF THE EMPLOYEE/SIGNING AUTHORITY AND DESIGNATION]

Signature: 

Date: [INSERT SIGNING DATE OF EMPLOYEE]