GUIDELINES FOR INVESTIGATORY LEAVE WITH PAY

UNACCEPTABLE PERSONAL CONDUCT/ UNSATISFACTORY JOB PERFORMANCE

  1. Investigatory leave with pay may be used in the following situations:
  • To investigate allegations of performance or conduct deficiencies that would constitute just cause for disciplinary action;
  • To avoid disruption of the work place and to protect the safety of persons or property;
  • To facilitate a management-directed referral or fitness-for-duty/risk evaluation to ensure the employee’s safety and the safety of others; and/or obtain medical or psychological information regarding the employee’s fitness to perform his or her essential job functions and/or
  • To provide time within which to schedule and conduct a pre-disciplinary conference, if necessary.
  1. The letter should state that placement on investigatory leave with pay is not a disciplinary action.
  1. Describe the reason for placing the employee on investigatory leave. As in a written warning or other disciplinary action, be specific as possible.
  • Include specific behaviors and/or performance issues, names and dates and relevant quotes, if available.)
  • Do not say “Your conduct was inappropriate for the office.” Instead, say, “On February 28, 20XX, you falsified your travel documents, specifically, you altered hotel and restaurant receipts and forged your supervisor’s signature.”
  • Instruct the employee not to contact co-workers or clients during the period of investigatory leave, and to remain available during regular work hours.Identify a contact person who the employee may call if he/she has questions.
  1. Collect all agency-owned equipment such as keys, cell phones, computers, etc. from the employee.
  1. Let the employee know that he/she will be notified regarding next steps.

Bottom Line: The employee must know that investigatory leave is not a disciplinary action, what is being investigated and that the office will contact him/her as necessary when the investigation is complete.

The following sample investigatory leave with pay letter is based on unacceptable personal conduct. It can be modified for unsatisfactory job performance.

*For additional information, refer to Section 7 of the State Personnel Manual.

SAMPLE INVESTIGATORY LEAVE WITH PAY LETTER: UNACCEPTABLE PERSONAL CONDUCT

Date
Employee Name
Address

Dear______:

This letter is to inform you that effective February 28, 20XX, you are being placed onInvestigatory Leave with Pay (no charge to your leave balance).

This is not a disciplinary action. The purpose of investigatory leave is to allow time for management to investigate a report of unacceptable personal conduct (or unsatisfactory job performance) and determine what, if any, action needs to be taken.

The report of unacceptable personal conduct resulting in you being placed in investigatory leavewith pay isthat on February 28, 20XX, you falsified your travel documents, specifically, you altered hotel and restaurant receipts and forged your supervisor’s signature and submitted the documents for reimbursement.

During the period of investigatory leave, you are not to contact co-workers or clients, and you are to remain available to management during regular work hours.

The investigatory leave with pay is for a period of up to 30 calendar days, although it may be extended, if necessary. We will notify you when you are to return to work.

If you have questions, you may call (insert name and contact information).

Sincerely,

(Supervisor's Signature)

c: Personnel file