Non-Profit Organization – unpaid administrative leave

UPDATED: Oct 1, 2022

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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


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

Answered 3 years 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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