People depend on their jobs to provide for themselves and their families. Being told by your employer not to come to work is cause for concern, even if you get to keep your pay and benefits. This is the situation for employees who have been placed on paid administrative leave. It can be unnerving, especially if your employer is conducting an investigation. This is referred to as administrative leave pending investigation.

For employers, it's easier if the employee is not present while the investigation is underway. If you have been put on paid administrative leave, you may wonder how your employer can legally keep you from working. If you're a member of a union, you should contact your representative.

What Is Paid Administrative Leave?

Paid administrative leave occurs when an employee is asked to take time off from work, while often they keep their regular health insurance and receive their normal pay. During the period of administrative leave, an employer may also conduct an investigation into allegations of misconduct against that employee.

Typically, administrative leave takes place in non-business settings. Examples of such settings are hospitals, schools, and law enforcement. In school settings, from time to time, administrative leave may, however, only refer to the time a teacher takes away from classes to pursue research or engage in other activities not at all related to misconduct or an investigation of any kind.

During an administrative leave of absence, in cases where there has been misconduct, an internal investigation will determine whether the accused employee actually committed the alleged misconduct.

At the completion of the investigation, the employee will either return to work, face disciplinary action, or possibly be subject to an adverse employment action. Examples of adverse employment actions could be firing, an additional period of administrative leave without pay or benefits, or a reduction in wages.

If you're on administrative leave, it might be wise to review your company's leave policies. It's possible for these policies to vary a great deal from company to company. It's also wise that you check with your human resources department concerning the terms of your leave.

Is Paid Administrative Leave Legal?

Unless paid administrative leave is being used as a form of workplace retaliation, employers can legally put their employees on paid administrative leave while they conduct an investigation regarding the employee's behavior. An employer may not want you at the workplace for several reasons. Some common reasons include:

• The employer believes the employee is a threat to the safety of coworkers
• The employer believes it will be easier for the investigation to proceed in the employee's absence
• In cases where a whistleblower is put on administrative leave, the employer may believe that it will benefit the whistleblower insofar as they will not be as vulnerable to harassment by a supervisor

Do Employees Have Any Options?

Unfortunately, paid administrative leave is not a civil court issue. So, you may not have many options if you've been placed on paid administrative leave. Even so, what is available to you generally depends on whether you work for a private or public entity. Continue reading to learn about the difference in options between the two.

Private vs. Government Employers

Unless doing so breaks a state or federal employment law, private employers can place their employees on paid administrative leave. Government agencies operate differently.

Many state and federal agencies have regulations that prevent placing an employee on paid administrative leave without approval first. These regulations may also prevent such agencies from placing employees on leave for more than a defined period of time. However, different states and federal agencies have different policies. If you work for either type of agency, it's important to check the policies in place at your particular agency.

Resources for Employees

If you believe you have been placed on paid administrative leave as retaliation, or that your employer's decision may have been illegal, you should consider seeking assistance from a legal professional experienced in labor law.