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Can a newly hired employee take unpaid leave?
Can a newly hired employee take unpaid leave?
The rules for granting unpaid leave to employees for various reasons are regulated by the Labour Code of the Republic of Azerbaijan. Specialist Kamala Yusifova provides commentary on the legal requirements regarding this matter.
According to Articles 128, 129, and 130 of the Labour Code, employees are entitled to unpaid leave even if they have only recently been hired.
Article 128 stipulates that an employee has the right to take unpaid leave in order to resolve family, household, and other social matters without delay due to family obligations, to pursue education, engage in creative or scientific work, or when there is a need to leave work due to age or physiological characteristics.
Article 129 states that unpaid leave is granted either at the employee’s request or by mutual agreement between the parties. Based on mutual agreement with the employer, as well as in cases stipulated in collective agreements and under the conditions defined in the employment contract, unpaid leave may be granted for a period not exceeding six months, as agreed upon by the parties.
The durations of unpaid leave granted at the employee's request are regulated by Article 130 of the Labour Code. These durations are as follows:
- Until the child reaches the age of four, to one of the parents of a child with a chronic illness based on a medical commission’s opinion, or to another family member who provides direct care;
- Up to 14 calendar days for men whose wives are on maternity leave;
- Up to 14 calendar days for women with children under 16, single parents, guardians, or custodians;
- Up to 1 calendar month for employees with disabilities, regardless of the percentage or cause of the disability;
- Up to 14 calendar days for individuals who participated in military combat;
- Up to 14 calendar days for employees injured (wounded, traumatized, concussed) in defense of the territorial integrity and sovereignty of the Republic of Azerbaijan;
- Up to 14 calendar days for parents raising a child with HIV, as well as for parents of children with disabilities;
- Up to 1 calendar month for employees pursuing doctoral (or adjunct) studies;
- 14 calendar days for employees taking entrance exams to higher education institutions, and 7 calendar days for those applying to vocational secondary education institutions;
- Up to 14 calendar days for inventors during the initial implementation of their invention or rationalization proposal outside their workplace;
- Up to 14 calendar days for a relative caring for a sick family member (with a medical institution’s recommendation);
- Up to 14 calendar days for employees who have children with disabilities;
- Up to 7 calendar days for resolving family, household, or other social issues.
In addition, in accordance with the Election Code of the Republic of Azerbaijan, officially registered candidates are granted unpaid leave for the period specified in their application, from the date of registration by the relevant election commission until the official publication of the election results.
The rules for granting unpaid leave to employees for various reasons are regulated by the Labour Code of the Republic of Azerbaijan. Specialist Kamala Yusifova provides commentary on the legal requirements regarding this matter.
According to Articles 128, 129, and 130 of the Labour Code, employees are entitled to unpaid leave even if they have only recently been hired.
Article 128 stipulates that an employee has the right to take unpaid leave in order to resolve family, household, and other social matters without delay due to family obligations, to pursue education, engage in creative or scientific work, or when there is a need to leave work due to age or physiological characteristics.
Article 129 states that unpaid leave is granted either at the employee’s request or by mutual agreement between the parties. Based on mutual agreement with the employer, as well as in cases stipulated in collective agreements and under the conditions defined in the employment contract, unpaid leave may be granted for a period not exceeding six months, as agreed upon by the parties.
The durations of unpaid leave granted at the employee's request are regulated by Article 130 of the Labour Code. These durations are as follows:
- Until the child reaches the age of four, to one of the parents of a child with a chronic illness based on a medical commission’s opinion, or to another family member who provides direct care;
- Up to 14 calendar days for men whose wives are on maternity leave;
- Up to 14 calendar days for women with children under 16, single parents, guardians, or custodians;
- Up to 1 calendar month for employees with disabilities, regardless of the percentage or cause of the disability;
- Up to 14 calendar days for individuals who participated in military combat;
- Up to 14 calendar days for employees injured (wounded, traumatized, concussed) in defense of the territorial integrity and sovereignty of the Republic of Azerbaijan;
- Up to 14 calendar days for parents raising a child with HIV, as well as for parents of children with disabilities;
- Up to 1 calendar month for employees pursuing doctoral (or adjunct) studies;
- 14 calendar days for employees taking entrance exams to higher education institutions, and 7 calendar days for those applying to vocational secondary education institutions;
- Up to 14 calendar days for inventors during the initial implementation of their invention or rationalization proposal outside their workplace;
- Up to 14 calendar days for a relative caring for a sick family member (with a medical institution’s recommendation);
- Up to 14 calendar days for employees who have children with disabilities;
- Up to 7 calendar days for resolving family, household, or other social issues.
In addition, in accordance with the Election Code of the Republic of Azerbaijan, officially registered candidates are granted unpaid leave for the period specified in their application, from the date of registration by the relevant election commission until the official publication of the election results.