Q: We have an employee wanting to take unpaid leave to be with his dying father in India, he will use up all his leave and the directors have agreed to give him 3 months of unpaid leave; would you finish him up in the payroll and re-instate him with a new contract on his return?
A: There is no termination pay involved, the employee takes leave then for the three months on unpaid leave, the first week of unpaid leave is counted and continuous employment but after that there will need to be agreement on if the rest of unpaid leave is counted as continuous employment or a break in service (get the decision in writing agreed between the parties).