List of statutory minimum employment leave by country

Re:List of statutory minimum employment leave by country by mhd on Sunday October 03, 2010 @11:24PM (#1754497)

Lots of other people commented on the fact that this could be changed, so I won't get into that – the fervor of state vs. federal debates in the US always surprises me, and I don't want to get shot at the next time I enter Ohio…

But would you actually need to have constitutional amendments to do that? Let's say a court decides that not giving your employees leave would be abuse, wouldn't that create a de facto mandatory leave, as you could claim a precedence against contracts without such provisions?

(Not a lawyer, not American, generally too naive in these matters, so be kind…)

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Re:List of statutory minimum employment leave by country by yummyfajitas on Monday October 04, 2010 @01:12AM (#1754673)

The scenario you describe is what is generally referred to as "judicial activism" - judges creating law from the bench rather than simply applying the law as written.

It happens rather often in the US, and is strongly criticized (in some quarters) when it does.

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Re:List of statutory minimum employment leave by country by Gormo on Monday October 04, 2010 @01:06AM (#1754662)

But what would be the basis in law for the court to make such a ruling?

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Re:List of statutory minimum employment leave by country by mhd on Monday October 04, 2010 @10:26AM (#1755712)

I would have said existing labor laws, but that's not exactly a strong suit for the US, right? No maximum work hours per week, no paid paternal leave etc. (FLSA?)

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Re:List of statutory minimum employment leave by country by chc on Monday October 04, 2010 @03:45AM (#1754938)

A court could decide that, but unless the Supreme Court entirely ceased to do its job, the ruling would probably be reversed. Judges aren't allowed to make up laws.

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