Non-Profit Organization – unpaid administrative leave

My mother has been placed on unpaid
administrative leave from the nonprofit
organization that she works for. She made a
mistake of not filing some documentation that
was supposed to have been done. My
questions are can she be put on unpaid
administrative leave, how long can they keep
her in limbo while they review the situation, and
do they have to pay her back if they decide to
keep her?

Asked on March 7, 2019 under Employment Labor Law, Alabama

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Unless your mother has a union agreement or employment contract that governs the terms of such leave, then she has no claim here. The fact si that most employment relationships are "at will". This means that a company can set the conditions of the workplace much as it sees fit (absent some form of legally actionable discrimination). Accordingly, adminstrative leave be unpaid and for as long as an employer chooses. That having been said, if the leave goes on for a long enough period, it could constitute "constructive discharge", in which case the employee can ossibly qualify for unemployment benfits.


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