Section 32 Leave of Absence

• Library: Employer-Employee Law 2008

Section 288.050, RSMo Supp. 2007, makes no mention of
the words “leave of absence.” Therefore, appeals tribunals generally make one of two findings in this type of situation. Either the claimant is absent from work with permission and with a promise of work at some determinable future time, or the employer-employee relationship has ended and the claimant merely has a conditional offer of employment at some future time if a position is available with the employer.

The following cases address issues arising out of “leave of absence” situations:

• Trail v. Indus. Comm’n, Div. of Employment Sec. of Dep’t of Labor & Indus. Relations, 540 S.W.2d 179 (Mo. App. E.D. 1976)

• Lauderdale v. Div. of Employment Sec., 605 S.W.2d 174
  (Mo. App. E.D. 1980)

• Div. of Employment Sec. v. Labor & Indus. Relations Comm’n, 617 S.W.2d 620 (Mo. App. W.D. 1981)

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