Common use of Leave Pending Investigation of Charges Clause in Contracts

Leave Pending Investigation of Charges. Whenever an investigation of charges made against an Employee is pending, the Employer shall have the discretion, and such discretion shall be exercised reasonably, to: A. Retain the Employee in active duty status; B. Place the Employee on leave of absence with pay; C. Reassign the Employee to another work unit or area and in the same or different capacity; or D. If the Employee's presence at the work site is deemed by the Employer to be detrimental to the proper conduct of the investigation or the operations of the work place, the Employee may be placed on a leave of absence without pay pending investigation subject to the following: 1. The Union and the Employee who is placed on the leave without pay pending an investigation shall be given written notice within forty-eight (48) hours after such action is taken. The written notice shall provide an explanation, including available facts, on why the Employee's presence at the work site is deemed by the Employer to be detrimental to the proper conduct of the investigation or the operations of the work place and the effective date of the leave of absence without pay pending an investigation. 2. The period of leave of absence without pay pending an investigation shall be for such length of time as may be necessary to conclude the investigation, but not exceeding thirty (30) days. In the event the investigation exceeds thirty (30) days, the appointing authority may exercise its options provided in subsections A, B, & C above. 3. If the Employee who has been placed on leave of absence without pay pending investigation is cleared of all charges or if the charges are dropped or not substantiated, the Employee shall be reinstated without loss of pay and all rights and benefits will be restored as though the Employee had not been on leave of absence without pay pending an investigation.

Leave Pending Investigation of Charges. 1. Whenever an investigation of charges made against an Employee is pending, the Employer shall have the discretion, pending and such discretion shall be exercised reasonably, to: A. Retain the Employee in active duty status; B. Place the Employee on leave of absence with pay; C. Reassign the Employee to another work unit or area and in the same or different capacity; or D. If the Employee's presence at the work site is deemed by the Employer to be detrimental to the proper conduct of the investigation or the operations of the work place, the Employee may be placed on a leave of absence without pay pending investigation subject to the following: 1. a. The Union and the Employee who is placed on the leave without pay pending an investigation shall be given written notice within forty-eight (48) hours after such action is taken. The written notice shall provide an explanation, including available facts, on why the Employee's presence at the work site is deemed by the Employer to be detrimental to the proper conduct of the investigation or the operations of the work place and the effective date of the leave of absence without pay pending an investigation. 2. b. The period of leave of absence without pay pending an investigation shall be for such length of time as may be necessary to conclude the investigation, but not exceeding thirty (30) days. In the event the investigation exceeds thirty (30) days, the appointing authority may exercise its options provided in subsections A, B, & C abovesubparagraph L2. 3. c. If the Employee who has been placed on leave of absence without pay pending investigation is cleared of all charges or if the charges are dropped or not substantiated, the Employee shall be reinstated without loss of pay and all rights and benefits will be restored as though the Employee had not been on leave of absence without pay pending an investigation. d. Disciplinary or discharge action resulting from an investigation of charges. 1) In the event a suspension is warranted, the Employer may consider any portion of the period of the leave of absence without pay pending an investigation towards fulfilling, in whole or in part, the disciplinary action considered appropriate by the Employer. The Employee shall be reinstated without loss of pay and benefits for any portion of the period of the leave of absence without pay which has not been considered towards fulfilling the disciplinary action. 2) In the event a discharge is warranted, the Employee shall not be granted any back pay or restored with any rights and benefits for the period of the leave of absence without pay pending an investigation. 2. Notwithstanding the foregoing, whenever an investigation of charges against an Employee is pending, the Employer shall have the discretion to: a. retain the Employee in active duty status; b. place the Employee on leave of absence with pay; c. return the Employee to active duty status from leave without pay pending an investigation; or, d. reassign the Employee to another work unit or area and in the same or different capacity. The action shall be for the length of time as may be necessary to conclude the investigation.

Leave Pending Investigation of Charges. 1. Whenever an investigation of charges made against an Employee is pending, the Employer shall have the discretion, pending and such discretion shall be exercised reasonably, to: A. Retain the Employee in active duty status; B. Place the Employee on leave of absence with pay; C. Reassign the Employee to another work unit or area and in the same or different capacity; or D. If the Employee's presence at the work site is deemed by the Employer to be detrimental to the proper conduct of the investigation or the operations of the work place, the Employee may be placed on a leave of absence without pay pending investigation subject to the following: 1. a. The Union and the Employee who is placed on the leave without pay pending an investigation shall be given written notice within forty-eight (48) hours after such action is taken. The written notice shall provide an explanation, including available facts, on why the Employee's presence at the work site is deemed by the Employer to be detrimental to the proper conduct of the investigation or the operations of the work place and the effective date of the leave of absence without pay pending an investigation. 2. b. The period of leave of absence without pay pending an investigation shall be for such length of time as may be necessary to conclude the investigation, but not exceeding thirty (30) days. In the event the investigation exceeds thirty (30) days, the appointing authority may exercise its options provided in subsections A, B, & C abovesubparagraph L 2. 3. c. If the Employee who has been placed on leave of absence without pay pending investigation is cleared of all charges or if the charges are dropped or not substantiated, the Employee shall be reinstated without loss of pay and all rights and benefits will be restored as though the Employee had not been on leave of absence without pay pending an investigation. d. Disciplinary or discharge action resulting from an investigation of charges. 1) In the event a suspension is warranted, the Employer may consider any portion of the period of the leave of absence without pay pending an investigation towards fulfilling, in whole or in part, the disciplinary action considered appropriate by the Employer. The Employee shall be reinstated without loss of pay and benefits for any portion of the period of the leave of absence without pay which has not been considered towards fulfilling the disciplinary action. 2) In the event a discharge is warranted, the Employee shall not be granted any back pay or restored with any rights and benefits for the period of the leave of absence without pay pending an investigation. 2. Notwithstanding the foregoing, whenever an investigation of charges against an Employee is pending, the Employer shall have the discretion to: a. retain the Employee in active duty status; b. place the Employee on leave of absence with pay; c. return the Employee to active duty status from leave without pay pending an investigation; or, d. reassign the Employee to another work unit or area and in the same or different capacity. The action shall be for the length of time as may be necessary to conclude the investigation.

Leave Pending Investigation of Charges. 1. Whenever an investigation of charges made against an Employee is pending, the Employer shall have the discretion, pending and such discretion shall be exercised reasonably, to: A. Retain the Employee in active duty status; B. Place the Employee on leave of absence with pay; C. Reassign the Employee to another work unit or area and in the same or different capacity; or D. If the Employee's presence at the work site is deemed by the Employer to be detrimental to the proper conduct of the investigation or the operations of the work place, the Employee may be placed on a leave of absence without pay pending investigation subject to the following: 1. a. The Union and the Employee who is placed on the leave without pay pending an investigation shall be given written notice within forty-eight (48) hours after such action is taken. The written notice shall provide an explanation, including available facts, on why the Employee's presence at the work site is deemed by the Employer to be detrimental to the proper conduct of the investigation or the operations of the work place and the effective date of the leave of absence without pay pending an investigation. 2. b. The period of leave of absence without pay pending an investigation shall be for such length of time as may be necessary to conclude the investigation, but not exceeding thirty (30) days. In the event the investigation exceeds thirty (30) days, the appointing authority may exercise its options provided in subsections A, B, & C abovesubparagraph K 2. 3. c. If the Employee who has been placed on leave of absence without pay pending investigation is cleared of all charges or if the charges are dropped or not substantiated, the Employee shall be reinstated without loss of pay and all rights and benefits will be restored as though the Employee had not been on leave of absence without pay pending an investigation. d. Disciplinary or discharge action resulting from an investigation of charges. 1) In the event a suspension is warranted, the Employer may consider any portion of the period of the leave of absence without pay pending an investigation towards fulfilling, in whole or in part, the disciplinary action considered appropriate by the Employer. The Employee shall be reinstated without loss of pay and benefits for any portion of the period of the leave of absence without pay which has not been considered towards fulfilling the disciplinary action. 2) In the event a discharge is warranted, the Employee shall not be granted any back pay or restored with any rights and benefits for the period of the leave of absence without pay pending an investigation. 2. Notwithstanding the foregoing, whenever an investigation of charges against an Employee is pending, the Employer shall have the discretion to: a. retain the Employee in active duty status; b. place the Employee on leave of absence with pay; c. return the Employee to active duty status from leave without pay pending an investigation; or, d. reassign the Employee to another work unit or area and in the same or different capacity. The action shall be for the length of time as may be necessary to conclude the investigation.

Leave Pending Investigation of Charges. 1. Whenever an investigation of charges made against an Employee is pending, the Employer shall have the discretion, pending and such discretion shall be exercised reasonably, to: A. Retain the Employee in active duty status; B. Place the Employee on leave of absence with pay; C. Reassign the Employee to another work unit or area and in the same or different capacity; or D. If the Employee's presence at the work site is deemed by the Employer to be detrimental to the proper conduct of the investigation or the operations of the work place, the Employee may be placed on a leave of absence without pay pending investigation subject to the following: 1. a. The Union and the Employee who is placed on the leave without pay pending an investigation shall be given written notice within forty-eight (48) hours after such action is taken. The written notice shall provide an explanation, including available facts, on why the Employee's presence at the work site is deemed by the Employer to be detrimental to the proper conduct of the investigation or the operations of the work place and the effective date of the leave of absence without pay pending an investigation. 2. b. The period of leave of absence without pay pending an investigation shall be for such length of time as may be necessary to conclude the investigation, but not exceeding thirty (30) days. In the event the investigation exceeds thirty (30) days, the appointing authority may exercise its options provided in subsections A, B, & C abovesubparagraph K2. 3. c. If the Employee who has been placed on leave of absence without pay pending investigation is cleared of all charges or if the charges are dropped or not substantiated, the Employee shall be reinstated without loss of pay and all rights and benefits will be restored as though the Employee had not been on leave of absence without pay pending an investigation. d. Disciplinary or discharge action resulting from an investigation of charges. 1) In the event a suspension is warranted, the Employer may consider any portion of the period of the leave of absence without pay pending an investigation towards fulfilling, in whole or in part, the disciplinary action considered appropriate by the Employer. The Employee shall be reinstated without loss of pay and benefits for any portion of the period of the leave of absence without pay which has not been considered towards fulfilling the disciplinary action. 2) In the event a discharge is warranted, the Employee shall not be granted any back pay or restored with any rights and benefits for the period of the leave of absence without pay pending an investigation. 2. Notwithstanding the foregoing, whenever an investigation of charges against an Employee is pending, the Employer shall have the discretion to: a. retain the Employee in active duty status; b. place the Employee on leave of absence with pay; c. return the Employee to active duty status from leave without pay pending an investigation; or, d. reassign the Employee to another work unit or area and in the same or different capacity. The action shall be for the length of time as may be necessary to conclude the investigation.