How long can administrative leave be?

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How long can administrative leave be?

My daughter was put on a 2 day administrative leave and told she would be contacted on the second day to be made aware of the company’s investigation. She hasn’t been afforded the opportunity to give her version of events, and they haven’t contacted her still. I am concerned the company will postpone allowing her to come back to work, as well as giving her the results of the investigation hoping she will quit. She can’t quit or she will lose out on possibly receiving unemployment. I am unable to find anything within the

state labor laws that we can fall back on for this situation. She just needs to know the company’s final decision, and although she is upset and feels she is being targeted for being a whistle blower. She simply wants to move on to a new employer.

Asked on June 11, 2018 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There is no law specifying how long this leave can be: it is open-ended. As some point--though typically after weeks, NOT merely days, especially if there is still no end-date in sight--the leave effectively becomes termination, since termination does not have to be in so many words: simply not scheduling someone or letting them work can be termination, too. At that point, the worker would be able to quit because they were "constructively terminated" (effectively fired) and get unemployment, but that point--when the leave has gone on long enough--is not defined, it is subjective. As such, it is risky quiting and claiming you were fired, since you its possible the unemployment agency and/or a judge (if you appeal) will disagree with you and feel that the leave had not gone on so long that you were effectively terminated. At the least, you do want to wait weeks before trying to claim constructive termination.
If your daughter wants to move on, she should be using her time on leave to update her resume, reach out to possible employers, etc. She does not need to wait for her current employer to make a decision before she acts.


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