Legal Definition of Absence

Federal laws govern an employee`s right to remain employed after a leave for specific reasons. The Family and Medical Leave Act (FMLA) is a federal law that requires insured employers to grant an eligible employee leave without pay for a period of 12 months of up to 12 weeks of work for one or more of the following reasons: “Excused absence” means the absence of an entire school day assigned with a reason acceptable to the administration of the school, indicated by the parent. If circumstances permit, the parent must inform the school administration of the reason for the absence before the absence. Examples of excused absence may include, but are not limited to: funerals, illness (including mental health and addiction), injuries, legal obligations, medical procedures, suspensions, religious customs, and military obligations. Suspended students remain subject to the provisions of compulsory education under sections 22.1 through 254 of the Virginia Code. Absence from school due to suspension must be recorded for the period of suspension in accordance with 8VAC20-730-30. “Attendance Conference” means an in-person meeting or interaction conducted using communication technology and scheduled after the seventh unexcused absence with the student, parents and school staff. The attendance conference takes place no later than 10 school days after the 10th unexcused absence. The attendance conference is held by a multidisciplinary team and may involve parents and students. (in ab-sensh-ee-ah) adj. or adv. Sentence. Latin for “in absentia” or more completely, in absentia.

Sometimes criminal proceedings take place without the accused being present when he leaves the trial or escapes after the trial has begun, thereby waiving the constitutional right to face his accusers. During postwar war crimes trials, it was used against Nazis who committed atrocities and then disappeared, the most famous being Martin Bormann, Hitler`s closest associate. The State of absence, movement or absence of domicile or habitual residence. Absence is fivefold: 1) A necessary absence, as in the case of exiles or promoted; This is absolutely necessary. (2) Necessary and voluntary, as in the name of the community or in the service of the Church. (3) A probable absence, according to civilians, such as that of students on the study score. (4) Entirely voluntary, due to trade, goods and the like. (5)- absence dolo et culpa, since it does not appear in a declaration of claim, summons, quote, etc., nor delay or defeat creditors or avoid arrest, whether in the context of civil or criminal proceedings. Ayliffe. If the law allows for the stay of a judgment against a defendant “in his absence”, the term “absence” means non-appearance in the action and not only the fact that the party was not present in court.

Strine v. Kaufman, 12 Neb. 423.11 N. W. 867. In Scots law. Desired or default appearance. A judgment is not considered if the defence lawyer (defendant) does not appear. Ersk. Inst bk.

4, Tit 3 means the person who has temporarily or permanently left his domicile or habitual residence or his place of business. A person outside the geographical boundaries of a State who has not authorized a representative to represent him in legal proceedings that may be brought against him in the State. This happens when an employee is constantly absent from work. It is rare that this person has a valid reason. However, if valid reasons are given, the absence shall not be considered as such. Attendance management is the system that monitors this event. “Absenteeism” means the accumulation of one or more unjustified absences. A leave of absence is an absence that is officially excused from work or service. Definitions of leave vary by employer, such as the number of days off that constitute leave. The employer also decides whether or not to compensate for leave and the reasons justifying it.

“Referral to court” means filing a complaint with the Juvenile Court and the Chamber Court after the multidisciplinary team has held an attendance conference and attempted to intervene to address the student`s continued non-participation.