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Absent Without Leave

If a employee takes leave without getting permission from the employer and is not sick, the employer does not have to pay the employee for the time taken off. If the employee takes off many days in a row without permission and without communicating with the employer (normally more than 4 consecutive days), the employer may presume that the employee has deserted (left without giving notice) his or her employment. The employer may employ someone else to do the job.
In this case the employer may dismiss the employee and will not be required to give the employee notice. But if the worker returns, fair dismissal rules must be followed.

Employers should, in cases of extended absenteeism, always attempt to genuinely contact the employee, should always hold a disciplinary hearing in their absence and should focus the need of replacement on a business imperative based on objectifiable facts.

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