So as to take full advantage of my yearly bonus/vesting stock units, can I take my last month as sabbatical or unpaid leave with my current employer and work at another company for that month?

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So as to take full advantage of my yearly bonus/vesting stock units, can I take my last month as sabbatical or unpaid leave with my current employer and work at another company for that month?

This if the new company is not willing to wait that long? The 2 companies are both in software business but are not competitors and since I’ll be on leave from one of them, it shouldn’t effect my work performance at the new company.

Asked on January 19, 2017 under Employment Labor Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can only do that if your current employer allows you to do this--there is no general legal right to unpaid leave or to a sabattical, so the employer does not need to allow it. If they don't allow it and you don't come to work, you could be terminated for cause, for absenteesim, and will not only not vest, etc. but could be denied unemployment benefits if you othewise applied for them.


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