What to do when put on paid administrative leave

What To Do When Put on Administrative Leave: Employee Rights and Legal Guidance

Are you on administrative leave and unsure what to do? Learn your rights, obligations, and next steps. The Lipp Law Firm, PC provides employment law guidance in the DC, Maryland, and Virginia area.

Updated: December 2025

Being placed on administrative leave can be stressful, confusing, and potentially damaging to your career or reputation. Administrative leave occurs when an employer temporarily relieves an employee of their job duties while continuing pay and benefits. This often happens during an internal investigation, workplace allegation, or HR review.

If you are on administrative leave, it’s important to understand your legal rights, obligations, and next steps. The Lipp Law Firm, PC provides expert guidance to employees in the Washington, DC, Maryland, and Virginia (DMV) area, helping you protect your job, reputation, and peace of mind.

Contact us today to speak with an experienced employment attorney.

What is administrative leave?

Administrative leave happens when an employee is instructed not to report to work or perform regular job duties for a limited period. It is often initiated by Human Resources after a complaint or allegation is made.

During administrative leave, the employee:

Continues to receive pay and benefits
Is relieved of work duties while an investigation is conducted

The investigation determines whether the complaint or allegation is valid.

Why would someone be put on administrative leave?

Employers may place employees on administrative leave to:

Protect workplace safety and company resources
Investigate alleged misconduct (e.g., harassment, workplace violence, misuse of company property)

Sometimes, administrative leave may be used improperly or retaliatorily.

If you are placed on administrative leave, it can be stressful, anxiety-inducing, and harmful to your career and reputation. Having an experienced employment law attorney is crucial to protect your job, reputation, and peace of mind.

Employee Rights and Obligations While On Administrative Leave

Rights include:

Equal treatment compared to other employees in similar situations
Protection from retaliation or harassment
Continued pay and benefits
Protection from defamation or false statements
Ability to maintain parental responsibilities

Obligations include:

Cooperating with the employer and the investigation
Responding promptly to employer communications
Avoiding discussions about the investigation outside the organization

Best Practices for Employees on Administrative Leave

Consult an Employment Attorney
An employment attorney can help protect your legal rights, explain the process, and provide guidance on next steps, including whether your employer’s actions violate any laws.
Contact Your Union Representative (If Applicable)
Union members should reach out to their representative to understand workplace dynamics, receive guidance, and potentially access legal benefit stipends.
Stay in Communication With Your Employer
Check email and phone regularly to respond promptly. Maintaining communication helps fulfill obligations and protect your position.
Avoid Gossip
Refrain from discussing the investigation with colleagues. Communications may be disclosed during the investigation, and involvement could harm your reputation.
Obtain Letters of Recommendation (Carefully)
If appropriate, letters of recommendation can support your case if disciplinary action occurs. Consult legal counsel first.
Explore Other Job Options
Update your resume and network within your industry. Being prepared for any outcome protects your career.
Practice Self-Care
Maintain mental wellness with healthy distractions like exercise, hobbies, or journaling. Avoid unhealthy coping mechanisms such as drugs or alcohol.

Duration and Return from Administrative Leave

Length: Varies depending on investigation complexity
Return: Employees may resume work after a thorough investigation determines the outcome
Consequences: If allegations are substantiated, employees may face disciplinary action, including termination

Should I Take Another Job During Administrative Leave?

Some employers may allow outside employment during paid leave, but policies vary. Always check organizational policies and consult with an employment attorney before pursuing other work. Employment laws differ by state, e.g., Washington, DC has employee-friendly protections, and non-competes are heavily scrutinized.

Assistance for Fairfax County Public Schools Employees:

We regularly represent FCPS employees on administrative leave. Learn more in our dedicated FCPS blog post here: https://www.lipplawfirm.com/fcps-administrative-leave/

Hire an Employment Attorney

Being placed on administrative leave can feel overwhelming, but you do not have to navigate it alone. An experienced employment attorney can guide you through the process, protect your legal rights, career, and reputation, and provide the peace of mind you need during this uncertain time.

If you are an employee in the DMV area and have been placed on administrative leave, contact The Lipp Law Firm, PC today to schedule a consultation. Our team provides knowledgeable, professional, and approachable guidance to help you take the right steps.

Frequently Asked Questions About Administrative Leave

Q1: What does it mean to be placed on administrative leave?

A: Administrative leave means an employee is temporarily relieved of their regular job duties while still receiving pay and benefits. This often occurs during an internal investigation into workplace allegations. Employees on leave still have rights and obligations, and an employment attorney can help protect those rights.

Q2: Why would an employer put me on administrative leave?

A: Employers may place employees on administrative leave to investigate alleged misconduct, protect workplace safety, or prevent disruption. Allegations may include harassment, workplace violence, or misuse of company property. In some cases, administrative leave can be used improperly or retaliatorily.

Q3: What rights do I have while on administrative leave?

A: Employees on administrative leave generally have the right to:

Continue receiving pay and benefits
Be treated fairly compared to other employees
Avoid retaliation or harassment
Protect their reputation from false statements
Maintain parental responsibilities if applicable

Q4: What should I avoid doing while on administrative leave?

A: Avoid discussing the investigation with coworkers, attempting to influence the investigation, or sending written communications about the matter. Gossip or interference can harm your job, reputation, and legal position.

Q5: Can I return to work after administrative leave?

A: Returning depends on the outcome of the investigation. If allegations are substantiated, disciplinary action including termination may occur. Employees who comply with policies and communicate clearly have the best chance of a successful return.

Q6: Can I take another job while on paid leave?

A: This depends on your employer’s policies and state-specific employment laws. Always consult an employment attorney before pursuing outside work to ensure compliance.

Q7: How long does administrative leave last?

A: There is no set timeframe. The duration depends on the complexity of the investigation and the findings. Employees must cooperate fully during this period.

Q8: How can an employment attorney help me on administrative leave?

A: An employment lawyer can explain your rights, advise on legal options, protect your job and reputation, and guide you through communications with your employer. The Lipp Law Firm, PC provides experienced guidance for employees in the Washington, DC, Maryland, and Virginia (DMV) area.

Q9: Are there special considerations for public school employees?

A: Yes. For example, Fairfax County Public Schools (FCPS) employees may have specific policies and union protections. Consulting with an attorney familiar with FCPS procedures can provide critical guidance.