Administrative Leave
What is administrative leave?
Administrative leave is a general term for temporary removal from a job assignment. An employee
on administrative leave continues to receive pay and
benefits during the leave, which can be as short as
a day or as long as several months, depending on the
circumstances.
While it is most common for an employee placed on administrative
leave to be directed to go home and remain there during the leave, in some cases, a district might
instead temporarily
reassign an employee.
When do districts use administrative leave?
Most often, school districts place employees
on administrative leave when students, parents or
co-workers make allegations of misconduct against them. It
is the policy of many districts to remove the employee
from the situation while investigating the allegations.
When the allegations are inflammatory or become public
knowledge, administrative leave can also be beneficial for
the employee. Gossip might die down more quickly when the
employee is not there to remind people of the situation.
A school district might also place an employee on
administrative leave pending the resolution of a criminal
case, even when the case is not directly school related,
such as a DWI charge.
What happens during the leave period?
During administrative leave, the district investigates the allegation, which may include conducting interviews with students
or other employees who might have relevant information and consulting attorneys about how to
proceed.
Meanwhile, a reassigned employee may be expected to
work and perform the duties assigned to him; an employee who
was sent home might be asked to check in regularly and be
available during regular work hours for conferences
related to the investigation.
What should an employee do if placed on
administrative leave?
The employee should follow any directives given regarding duties or assignments. Generally, the allegations
should only be discussed with
close family or friends, the employee's attorney and administrators
who request information in the course of the
investigation. The employee should be cooperative
with the district during its investigation but should
also consider obtaining legal representation, especially if the allegation is serious or if there
is some basis of fact.
What happens after the investigation?
If the investigation reveals no wrongdoing on the part of
the employee, he will probably be returned to the same
assignment he had before going on administrative leave. If
the investigation reveals some wrongdoing, the district
might take disciplinary action ranging from a simple
reprimand to reassignment, nonrenewal or termination.
A contract employee who is recommended for
termination will receive notice and, if requested, a
hearing. A non-contract employee will simply receive
notice of termination and final date of employment.
However, those employees might be able to file grievances
or request to speak to the school board about the
circumstances of their termination.
What are the long-term consequences?
Placing an employee on administrative leave for
investigative purposes is not a disciplinary action and cannot itself be used as proof of
wrongdoing. It
should not harm an employee’s record or affect his
performance evaluation.
An employee who is cleared of wrongdoing should not
feel any lasting consequences related to his job. On the
other hand, if the district reprimands or otherwise
disciplines an employee based on the underlying
allegations that led to the administrative leave, it might
reflect on the employee’s performance evaluation or future
employment.
What if it happens to you?
If someone makes allegations against you that result in
your placement on administrative leave, eligible ATPE members should call the ATPE
Member Legal Services Department immediately. Chances are the
situation will be little more than a brief hiatus for you,
but if not, your professional association stands ready to
help.
___________________________
The legal information provided on this Web site is for general purposes only. It is not intended as a substitute for
individual legal advice or the provision of legal services. Accessing this information does not create an
attorney-client relationship. Individual legal situations vary greatly and readers should consult directly with an
attorney. Eligible ATPE members should contact the ATPE Member Legal Services Department using our
online system, MLSIS.
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