Handling administrative leave: when to use it and how to do it right
As an HR consultant San Diego, I'll guide you through making fair and effective decisions about administrative leave during a workplace investigation.
When a serious issue arises in your workplace, it's natural to want to act decisively. Administrative leave might seem like a straightforward solution to a complex situation, but it's a step that should be taken with careful consideration.
Before you consider administrative leave, explore these alternatives
Before you place an employee on administrative leave, take a moment to consider if there's a less disruptive path. Your aim is to keep things running smoothly while ensuring a fair investigation. Often, simple adjustments can achieve the same goal without the need for leave.
Ask yourself if any of these options could work:
Can they work different hours or in another department? Sometimes, a temporary shift in schedule or location can effectively separate parties or reduce potential influence.
Could someone else temporarily oversee their work? Assigning a different supervisor or team lead can ensure continuity and impartiality.
Could access to systems, vehicles, or clients be restricted instead? If the concern is about access to specific resources, limiting that access might be sufficient.
If these alternatives allow your investigation to proceed fairly and without risk, using them can save your business time, reduce employee anxiety, and maintain productivity.
When administrative leave is necessary
There are times when administrative leave is the right choice. These are typically situations involving serious safety concerns, significant confidentiality risks, or a clear potential for an employee to influence witnesses or tamper with evidence. In these specific cases, administrative leave becomes a necessary neutral measure to protect the investigative process and your business.
If you find yourself needing to place an employee on leave, here's how to handle it correctly:
Be clear about the 'why': Explain that this is a neutral measure to protect the investigation, not a disciplinary action. This helps manage the employee's perception and reduces the risk of misunderstanding.
Document everything in writing: Provide a written notice outlining expectations, the estimated duration of the leave, and a clear point of contact for the employee. This clarity is crucial for both legal protection and employee peace of mind.
Maintain privacy: Share information only with those who absolutely need to know to conduct the investigation. Discretion protects everyone involved and minimizes speculation within your team.
Consider paid status with benefits: Many businesses choose to keep employees on paid status with benefits during administrative leave. This reinforces the neutral nature of the leave and can help mitigate potential claims.
Check in regularly: Don't leave the employee in limbo. Regular check-ins and updates, even if it's just to say there's no new information, show you're progressing and care about their well-being.
Keep the lines of communication open
Being placed on administrative leave can feel isolating and stressful for an employee. Proactive communication is key to maintaining trust and reducing anxiety for everyone involved, including the rest of your team. Provide a consistent point of contact and keep the employee informed about the investigation's progress and next steps. This supportive approach demonstrates your commitment to fairness and respect.
Don't let the investigation drag on
Once an employee is on administrative leave, it's critical to move the investigation forward promptly. Unnecessary delays can make the situation more difficult and stressful for the employee, the business, and the entire team. A swift, thorough investigation helps you reach a resolution faster, allowing everyone to move forward.
When in doubt, get expert advice
Workplace investigations, especially those requiring administrative leave, can be complex and carry significant risks if not handled correctly. For particularly sensitive or intricate cases, consulting an HR consultant or an employment attorney early on is a smart business decision. Proactive advice helps you avoid costly mistakes that could lead to legal challenges or employee relations problems down the line.
Ready to navigate complex HR situations with confidence?
Book a confidential discovery call today, and let's ensure your HR practices are proactive, compliant, and supportive of your business goals.