Year-Long Travel: Legal Repercussions and Employer Obligations in the United States

Planning to take a year off from your job to travel the world can be an exciting prospect. However, it is essential to understand the potential repercussions and obligations both you and your employer might face during and after this period. In most cases, taking a year off does not necessarily result in legal penalties for your employer, but there are certain stipulations and conditions to consider.

Employer Actions and Legal Repercussions

It is generally unreasonable to expect that your job will be there when you return from a year-long leave. Employers are unlikely to face any significant legal repercussions for not maintaining your position over an extended period. The primary action taken by employers in such a scenario would most likely be the termination of your employment if you do not return.

However, if you leave the company property behind, fail to complete any necessary handover procedures, or if you engage in any misconduct during the period of absence, your employer might take legal action. For instance, failing to return company property could lead to claims or legal disputes, even if you are solely going on a year-long travel. Therefore, it is crucial to ensure that all your responsibilities are completed and all company assets are returned before leaving.

Effects of Leaving a Job After a Year

Leaving your job for a year means that your employment relationship officially ends. Once you quit, both you and your employer are no longer obligated to each other. The only scenario in which there might be a non-compete clause, which is less likely, would no longer apply since you would not be working for the company while traveling. This means that neither party has an obligation to rehire you upon your return.

Wise employers generally allow a leave of absence with advanced notice, often up to 30 days unpaid. Some innovative startups might go as far as offering up to 12 months of unpaid leave. However, such generous policies can sometimes lead to failure. The stark reality is that many travelers might find it difficult to return to a job that no longer exists due to the time away and potential changes in the company structure. It is essential to consider the longevity and stability of the company before requesting an extended leave.

Typical Obligations and Assumptions in US Employment

In most US states, employment is considered at-will, which means that either party can terminate the employment relationship at any time, with or without cause. This means that you can leave your job whenever you choose, and your employer can hire anyone they wish. There is no legal obligation for your former employer to keep your position open for you to return.

Nonetheless, employers in the United States often try to maintain a positive working environment and a good reputation. Allowing a leave of absence for a few weeks or months is common practice. However, granting an excessive amount of leave, especially for a year, might be seen as a risk and could potentially affect the company’s stability and productivity.

Therefore, it is essential to plan accordingly and communicate effectively with your employer about your travel plans. Ensure that all necessary paperwork is completed, and all company assets are returned. Additionally, it is wise to save enough funds to cover a year of travel, as the job market can change, and reemployment is not guaranteed.