{"id":357816,"date":"2019-11-07T14:38:24","date_gmt":"2019-11-07T19:38:24","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/employment\/wages-and-benefits\/administrative-leave-pending-investigation.html"},"modified":"2025-04-01T14:12:50","modified_gmt":"2025-04-01T19:12:50","slug":"administrative-leave-pending-investigation","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/employment\/wages-and-benefits\/administrative-leave-pending-investigation.html","title":{"rendered":"Administrative Leave Pending Investigation"},"content":{"rendered":"\n
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Administrative Leave Pending Investigation<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Administrative leave, often referred to as involuntary leave, is when an employee is removed from their work environment during an investigation. The employee still receives their regular salary and benefits while they are temporarily off work. Common reasons for placing an employee on administrative leave include allegations of misconduct and compliance investigations. While on paid administrative leave, employees are expected to remain available to return to work once the investigation concludes and must follow any guidelines set by their employer.<\/p>\n\n <\/div>\n\n

Most people enjoy taking a few days off work. Very few people like their boss telling them not to come to work, especially when that’s coupled with an ongoing investigation. Even if you continue to receive your full pay and benefits while on leave, involuntary leave is a nerve-wracking experience.<\/p>\r\n

Involuntary leave, also known as administrative leave<\/b>, is not regulated by any labor law.<\/a> But, some state and federal employees have specific protections under agency rules.<\/p>\r\n

Administrative leave usually occurs when an employee is under investigation and removed from the company during the investigation process. Government agencies may authorize administrative leave for other purposes at their discretion.<\/p>\r\n

Types of Administrative Leave<\/h2>\r\n

Paid administrative leave<\/b> is the most common type of administrative leave. The employee takes time off work but receives regular pay, health insurance, and other benefits.<\/p>\r\n

Unpaid administrative leave<\/b>, or suspension, is more likely to be a punitive measure than a leave of absence. Another reason for unpaid administrative leave is a need for administrative leave where economic issues prevent paying the employee’s full salary.<\/p>\r\n

Employees may take voluntary leaves of absence<\/b> for personal rather than investigative reasons. The Family and Medical Leave Act <\/a>(FMLA) is one kind of voluntary leave.<\/p>\r\n

Employers might order involuntary leave<\/b> before an internal investigation or other event where investigators want the employee off the property.<\/p>\r\n

Reasons for Administrative Leave<\/h2>\r\n

Employers put employees on paid administrative leave<\/a> for several reasons. The most common is when there are allegations of misconduct against an employee. During administrative leave, the employer investigates the allegations of misconduct.<\/p>\r\n

Administrative leave pending investigation is frequently seen in law enforcement settings following officer-involved shootings.<\/p>\r\n

Other reasons for a paid administrative leave may include:<\/p>\r\n