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Administrative Leave Reference Guide

  • By: lipplaw
  • Published: October 26, 2021
Administrative Leave Lawyers

If you have been placed on administrative leave, you are bound to have plenty of questions. Why did this happen? Will I be paid? How long will this last? This article attempts to provide some guidance during an uncertain time in your career.

Why was I placed on administrative leave?

Getting placed on administrative leave can be a stressful and frightening experience. You may wonder why you have been removed from your workplace. Employers often place employees on administrative leave after receiving allegations of misconduct to provide time for an investigation. An investigator or HR official may reach out to you with questions about a specific incident or series of events. Depending on the employer, you may not be entitled to have an attorney present during questioning. You may, however, benefit from discussing the underlying facts of the situation with an attorney, who can protect your legal interests and give you support during the process.

Will I be paid?

Administrative leave may be paid or unpaid, depending on the employer’s policies and the purpose of the leave. Typically, when an investigation is ongoing, you are still considered to be on duty, and you will continue receiving your full pay and benefits. When you remain “on duty,” regardless of your presence in the workplace, you must be available during your work hours. Your employer will likely require you to promptly respond to work communications and be available if you need to perform work tasks.

How long will I remain in limbo?

An employer’s decision to place an employee on administrative leave usually means they are taking the situation seriously, and the length of time varies on a case-by-case basis. The duration often hinges on how long the employer needs to complete its investigation and determine the outcome. Employers will use investigative findings as the basis of any disciplinary decision, and you will want to ensure that you are prepared to challenge such decisions, if it’s possible and in your best interests. If you are in this situation, you may want to consult with an attorney to review the underlying facts and begin building any defenses against potential disciplinary action, up to and including termination.

If you are on administrative leave and need guidance about the process, please contact The Lipp Law Firm for a consultation.

Kathryn Megan Lipp

Katie dedicates her practice to employment separation guidance.
Based on her successful employment litigation practice...Read More

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