Is administrative leave a suspension?

No. While some professionals consider administrative leave a form of suspension, administrative leave is not the same as a suspension. One key difference is that administrative leave could be involuntary or voluntary by the employees. Suspension is always involuntary for the employee and is often used as disciplinary action by the organization.

Can you return after administrative leave?

Employees and managers can come back from administrative leave if their investigation concludes that the allegation against them was incorrect. If it was correct, they may be fired or receive a different form of punishment. If the employee took voluntary administrative leave, they’re able to come back on the date they agreed with their manager or human resources staff member.

Can employees collect unemployment while on administrative leave?

Many individuals are ineligible to collect unemployment while on administrative leave because organizations usually grant them full-time pay and benefits during this absence. Be sure to check your state’s regulations as unemployment and administrative leave guidelines vary.

Defining Administrative Leave and What It Means for You

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Administrative leave occurs when an employee must temporarily leave their position and work duties. Administrative leave is a form of paid administrative leave, distinct from other types of paid leave such as safety leave and investigative leave. Most employers allow their employees to keep their pay and benefits, like health insurance, during this absence, but it’s the employer’s decision. Agencies have broad authority to grant administrative leave on an ad hoc or time limited basis, and such leave must be directly related to the agency’s mission and be for an acceptable agency purpose. Employees can also take this leave of absence without using any of their allotted paid time off. Administrative leave is leave authorized by agency judgments, but must not conflict with any other provision of law, presidential directive, or executive order. Excused absence authorized by a presidential memorandum is distinct from administrative leave. The Administrative Leave Act of 2016 and OPM guidance prescribe regulations for administrative leave, and agencies must issue internal policies consistent with this guidance provided by OPM. The Comptroller General and GAO report provide oversight and guidance on the use of administrative leave, and Congress expressed concern about excessive use that exceeded reasonable amounts. Administrative leave is generally available to employees with an established regular tour or administrative workweek, and intermittent employees without a regular schedule may not be eligible. Administrative leave may be granted for specific purposes, such as voting related activities or blood donations, provided these are officially sponsored and acceptable agency purposes. Administrative leave may be used during a notice period or proposed adverse action, especially in cases of alleged misconduct, and investigative leave or notice leave may also be used depending on the employee’s current position. Administrative leave may also be used to protect government property or legitimate government interests, and it is important to properly record each employee’s absence. Special rules may apply to veterans affairs or national guard employees. Administrative leave is tracked by biweekly pay period and must be reported in accordance with OPM regulations.

Administrative leave can last anywhere from a few days to a few months, depending on the situation. Administrative leave is typically granted for brief periods and may be subject to annual limits, such as a maximum number of days per calendar year. Administrative leave is sometimes referred to as “home assignment,” because the employee is asked to stay in their home or in close proximity to the business during their leave.

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Introduction to Administrative Leave

Administrative leave is a form of excused absence that is authorized by an agency head or other authorized agency officials, allowing employees to be away from work without any loss of pay or deduction from their leave balances. This type of leave is commonly used in the federal government and is governed by the Administrative Leave Act of 2016, as well as regulations prescribed by the Office of Personnel Management (OPM). According to the Government Accountability Office (GAO), the use of administrative leave is a key aspect of effective personnel management, helping agencies address concerns such as employee conduct, workplace safety, and the protection of legitimate government interests. Administrative leave is typically granted for brief or short periods and is intended to support the agency’s mission while ensuring that both the organization and its employees are treated fairly during times of uncertainty or investigation. Understanding the basics of administrative leave can help employees and managers navigate this process with greater confidence and clarity.

Reasons employees may go on paid administrative leave

There are several reasons organizations place employees on administrative leave. Administrative leave may be used in cases of alleged misconduct, and depending on the circumstances and the employee’s current position, investigative leave or notice leave may also be appropriate. Some common reasons include:

To allow time for an investigation into alleged misconduct, policy violations, or other personnel matters. During such investigations, the agency determines whether administrative leave, investigative leave, or notice leave is appropriate, based on agency judgments and the need to protect government property, sensitive information, or the agency’s mission. The employee’s absence is recorded as paid leave or paid administrative leave, and the agency ensures that the leave is directly related to the agency’s mission and officially sponsored activities.
To protect government property or sensitive information, especially when an employee’s continued presence may pose a risk. The agency determines the appropriate use of leave based on agency judgments and alignment with the agency’s mission.
To remove an employee from the workplace during a notice period for a proposed adverse action, such as suspension or removal. Administrative leave is typically granted for brief periods on an ad hoc basis, and eligibility may depend on whether the employee has an established regular tour or is an intermittent employee.
To allow participation in officially sponsored activities directly related to the agency’s mission, such as voting related activities or blood donations, provided these are managed according to agency policy and are not recurring entitlements.

Protecting employees and sensitive information that may jeopardize legitimate government interests

If an employee reported misconduct about the company or another employee, they’ll either be placed on administrative leave or they’ll volunteer to undergo administrative leave. Investigative leave or notice leave may also be used in cases of alleged misconduct or when the agency determines that the employee’s absence is directly related to protecting government property or sensitive information. The agency’s judgments about the employee’s current position and the agency’s mission guide the decision to grant administrative leave, which is typically for brief periods on an ad hoc basis and is recorded as paid leave or paid administrative leave. This will protect them from any judgments or harassment from other employees during the investigation. You can also place employees on administrative leave if they have knowledge or physical copies of sensitive information.

For example, if an employee has secret or protected information about an upcoming criminal court case, their employer may put them on administrative leave or they may request it. This will protect the employee and their sensitive information until the court case is resolved and adjourned.

Removing an employee from the workplace for personnel management purposes

Employees who consistently break company policies may be placed on administrative leave after several warnings from employers or human resources. If you notice an employee behaving disruptively or refusing to follow the rules listed in the employee handbook, administer a warning to the employee and notify human resources. If the employee continuously struggles to follow policies, discuss if putting them on administrative leave is the best option. Administrative leave, notice leave, or other leave types may be used during a notice period or proposed adverse action, and the agency determines the appropriate leave based on agency judgments and the employee’s current position. Such leave is typically granted for brief periods on an ad hoc basis and is recorded as paid leave, ensuring the employee’s absence is managed appropriately.

If an employee acts aggressively or violently in the workplace, it’s usually best to immediately put them on administrative leave. This helps you avoid any harm coming to your employees. It also gives you, the human resources team and the employee a few days to respond to and reflect on the situation.

Conducting misconduct investigations for alleged misconduct

If an employee or supervisor is accused of alleged misconduct in the workplace, that individual can be placed on administrative leave, investigative leave, or notice leave while the institution or police officers conduct an investigation. In such cases, the agency determines the appropriate type of leave based on agency judgments, considering the employee’s current position and the potential risks involved. These types of leave are typically granted for brief periods on an ad hoc basis and are recorded as paid leave, ensuring the employee’s absence is managed appropriately during the notice period or any proposed adverse action. The employee is expected to stay in close proximity to the business during the investigation in case they’re called in to provide additional details about the case.

Since the allegations against the accused employee are not yet proven, most employers allow them to keep their pay and benefits until the leave is over and they’ve arrived at a final decision.

Leave Records and Reporting

Proper recording and reporting of administrative leave are essential for maintaining transparency and accountability within the federal government. Agencies are required to accurately document the hours of administrative leave granted to employees, ensuring that all excused absences are tracked in accordance with OPM regulations and statutory provisions, such as those outlined in the United States Code. The Government Accountability Office (GAO) and OPM provide guidance to agencies on how to record and report administrative leave, including the need for regular data reports and internal reviews. Accurate leave records help agency officials monitor the use of administrative leave, identify trends, and address any concerns about excessive or inappropriate use. This process also supports government reform efforts by promoting responsible personnel management and ensuring that administrative leave is used only in appropriate circumstances. Employees should be aware that their use of administrative leave will be documented and may be subject to review by agency management or oversight bodies.

What Happens Next: The Administrative Leave Process

Once an employee is placed on administrative leave, a series of steps typically follows to ensure a fair and thorough process. The agency head or authorized agency officials will provide notice to the employee, outlining the reason for the leave and any expectations during the absence. The duration of administrative leave can vary, but it is generally intended for brief or short periods while the agency conducts an investigation, reviews the situation, or determines the appropriate personnel action. During this time, the agency may gather information, consult with human resources, and consider any relevant collective bargaining agreements or internal policies. The use of administrative leave is carefully managed to avoid jeopardizing legitimate government interests and to protect both the employee and the agency’s mission. At the conclusion of the process, the agency will notify the employee of the outcome, which may include returning to their current position, being reassigned, or facing further personnel action if warranted.

Your Rights and Responsibilities While on Administrative Leave

While on administrative leave, employees retain their pay and benefits, but they also have specific rights and responsibilities. Employees are expected to remain available for contact by agency officials and may be required to participate in interviews or provide information related to any ongoing investigation. It is important to comply with all instructions from human resources and to adhere to agency policies regarding communication, confidentiality, and professional conduct. Employees should not perform any work-related duties unless specifically authorized and should avoid actions that could jeopardize legitimate government interests or the agency’s mission. In some cases, employees may be eligible for professional development opportunities or other activities approved by the agency during their absence. Understanding your rights and responsibilities can help ensure a smooth administrative leave experience and support a positive resolution for all parties involved.

Conclusion: Navigating Administrative Leave with Confidence

Administrative leave is a valuable tool for both employees and agencies, providing a way to address sensitive situations while maintaining fairness and protecting legitimate government interests. By understanding the policies, procedures, and expectations associated with administrative leave, employees can navigate this process with greater confidence. It is important to stay informed about agency policies, maintain open communication with human resources, and seek guidance when needed. Whether you are an employee or a manager, knowing how administrative roles and leave work can help you make informed decisions and contribute to a positive workplace environment. Remember, administrative leave is designed to support both the agency’s mission and the well-being of its workforce, ensuring that all parties are treated with respect and professionalism throughout the process.