Responsible Official: VP for Human Resources
Administering Division/Department: Leaves of Absence
Effective Date: March 30, 2007
Last Revision: October 05, 2012
Department management may place an employee on administrative leave with or without pay to provide time to investigate and evaluate the circumstances regarding a pending action. The department must consult with Human Resources, Employee Relations prior to any administrative leave action. Emory reserves the right to sever the employment relationship with an employee at any time during an administrative leave.
ADMINISTRATIVE LEAVE WITHOUT PAY
When it appears that an employee is in non-compliance with any law, organizational policy or requirement, , the department , following consultation with Employee Relations, may place an employee on administrative leave without pay, pending the outcome of an investigation. The investigation must be conducted immediately and a decision rendered within 14 calendar days. If an extension is necessary, the department must consult with,Employee Relations and the employee must be notified of the extension. An employee may elect to use accrued, unused vacation leave to remain in paid status during administrative leave unless the investigation involves fraud, misappropriation of funds, theft, embezzlement, or other financial violation.
Where the investigation shows that the employee had no involvement or contributory influence in the matter or incident or where the evidence is not sufficient to show the employee’s involvement, the employee may return to work with no finding of fault and receive back pay if warranted. If vacation leave was used to remain in paid status, that time will be credited to the employee’s vacation leave balance.
When the investigation indicates that the employee was involved and disciplinary action is warranted, the department, following consultation with Employee Relations, should either dismiss the employee or return the employee from administrative leave and initiate corrective disciplinary action.
ADMINISTRATIVE LEAVE WITH PAY
When an investigation by the Office of Equal Opportunity Programs is being conducted on a matter such as a sexual harassment or discrimination complaint, an employee may be placed on administrative leave with pay for up to a maximum of 30 calendar days. The investigation should be conducted immediately and a decision rendered within 30 calendar days. If an extension is necessary, the Office of Equal Opportunity Programs must consult with the department and the employee must be notified of the extension.
Administrative Leave may be used when an employee has been arrested on or off the job, or otherwise involved in a potential criminal offense. The department must consult with Employee Relations prior to and throughout the administrative leave action. The employee will be placed on unpaid administrative leave pending review of the matter and decision regarding disciplinary action or other decisions. An administrative leave of this nature does not guarantee that the employee will be allowed to continue employment and return to active employment.
University employees placed on administrative leave who subsequently terminate from employment will be compensated for any accrued, unused vacation leave hours up to 240 hours, provided the employee has been employed at the university for at least six consecutive months in a benefits eligible status.
An employee may not be compensated for accrued, unused vacation leave if the employee is terminated following an investigation involving financial violations.
- Current Version of This Policy: http://policies.emory.edu/4.72
Subject Contact Phone Director, Employe Relations Jeanne Thigpen 404-727-7644 firstname.lastname@example.org