Understanding administrative leave: What you need to know

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Most people have heard the term "administrative leave," but few fully grasp its implications and nuances in the workplace. When you place an employee on administrative leave, what you're usually doing is relieving them of their duties for a specific time period—either for disciplinary or voluntary reasons. 

It's worth noting that although administrative leave and leaves of absence are sometimes lumped together under the same banner, they're not the same thing. While administrative leave is typically initiated by employers, a leave of absence is requested by the employee for personal or medical reasons. 

What exactly is administrative leave? 

Administrative leave, AKA "excused absence," is an authorized absence from work. While most employers allow their staff to keep their pay and benefits during this time, it can vary by organization and is ultimately the employer's decision. Employees can also opt to take their leave without using any of their allotted PTO.  

Employees are typically placed on administrative leave due to disciplinary actions, or they may volunteer to take time away. That being said, administrative leave is not an entitlement, and companies are not required to grant it.  

Depending on the situation, administrative leave can last anywhere from several days to several months. It is sometimes referred to as "home assignment" because the employee may be asked to stay in their home or in close proximity to their workplace during their leave. 

Common reasons for administrative leave include: 

• A pending investigation into alleged misconduct 
• Ensuring the safety of the workplace or other employees 
• Addressing compliance or policy violations 
• Facilitating an impartial review of a situation involving the employee 

While some consider administrative leave a form of suspension, it's not the same. One key difference is that administrative leave can be involuntary, but there are instances when an employee may also volunteer to go on leave (i.e., in cases where short term leaves are required to deal with family or legal matters). On the contrary, suspension is always involuntary for the employee and is often used as disciplinary action by the organization. 

Types of administrative leave 

Not all administrative leave is created equal. Here is a breakdown of the main types for clarity's sake:  

Paid administrative leave

This leave ensures the employee continues to receive their regular salary and benefits while away during an investigation or review process. This type of leave is meant to prevent financial hardship for the employee while resolving the issue. 

Unpaid administrative leave

It does not provide salary or benefits during the employee's absence, which can potentially create financial strain. Some jurisdictions or organizational policies may not require employers to provide paid leave for certain types of absences or situations, so if cost is an issue, unpaid leave may be a viable temporary option.  

Voluntary administrative leave

This leave is when an employee agrees to take leave, often for personal reasons or to aid in an investigation. This leave is typically requested by the employee and mutually agreed upon by the employer. 

Involuntary administrative leave

It is imposed by the employer, usually without the employee's consent, to address urgent workplace issues or pending investigations. Employers use this type of leave to temporarily remove the employee from the workplace in order to protect the company or the employees. 

Rights and responsibilities while on administrative leave 

Administrative leave is accompanied by certain legal rights and responsibilities on both ends.  

Employees are generally entitled to due process, meaning they should be informed of the reason for the leave and have an opportunity to respond to any allegations. They are also typically required to remain available for communication and may need to cooperate with any investigations or processes related to their leave. 

Employers must adhere to fair practices, ensuring that the leave is not punitive without cause and that it complies with employment laws and company policies. During the leave, they are also obligated to clearly communicate the reasons for the leave to the employee, ensure due process is followed in any investigations or reviews, and maintain the employee's rights to confidentiality as appropriate to the situation. 

In the US, employees on administrative leave are protected by various employment laws that ensure due process, prevent unjust punitive actions, and protect against discrimination or retaliation during the leave period. Title VII of the Civil Rights Act of 1964, for instance, can protect employees against discriminatory practices related to administrative leave. 

Meanwhile, in Canada, employees on administrative leave are protected under the Canada Labour Code, which ensures fair treatment, protection from unjust dismissal, and adherence to due process during administrative actions. 

Managing administrative leave: best practices 

Managing administrative leave with discernment, good judgment, and fairness is a core skill. Here are a few best practices to consider: 

• Clear policies on administrative leave are the best way to ensure consistency, fairness, transparency, and legal compliance when managing employee situations. 
  
  
• Clear and consistent communication during administrative leave helps to maintain transparency, manage expectations, and uphold the employee's rights and responsibilities throughout the process. 
  
  
• Thorough documentation during administrative leave ensures an accurate record of the reasons, actions taken, and communications involved. All of these details are crucial to compliance and clarity in resolving workplace issues. 
  
  
• Fair treatment during administrative leave ensures equitable processes, protects employee rights, and upholds organizational integrity and trust. 

How to handle being placed on administrative leave 

If you're an employee who has been placed on administrative leave, you may be facing financial, emotional, or mental health challenges.  

Consider doing the following to prioritize your well-being: 

• Do your best to stay informed about the reasons for the leave, seeking clarity on the overall process as well as expectations from HR or legal advisors.
  
  
• Ensure you review your company policies about this leave, this will help you understand your rights and obligations.
  
  
• Consult with an employment attorney or a legal advisor as they can further help you understand your rights and the implications specific to your case. 
  
  
• If you are a union member, contact your union representative. They can provide guidance and support. 
  
  
• It may be a challenge, but make the most of the time off for personal reflection or professional development.
  
  
• Refrain from discussing the situation with colleagues or attempting to influence the investigation. This can protect your reputation and prevent further complications.  
  
  
• Maintain a routine, stay connected with supportive colleagues or networks, and prioritize self-care activities to manage stress during this period of uncertainty. 
  
  

PurelyHR's customizable leave management software can facilitate the management of diverse types of leave, including administrative leave and other infractions. Our offering allows employers to define specific leave types, set policies and approval workflows, track leave balances, and ensure compliance with company policies and legal regulations–to name just a few. 

More specifically, our Warnings module provides improved transparency for employee disciplinary action. It allows employers to send, track, and store infractions to ensure compliance throughout any disciplinary process. 

Find out more by exploring our site, or get in touch to speak to a human being. HR compliance and best practices are our labor of love!