answersLogoWhite

0


Best Answer

A disciplinary leave of absence is a common practice used by many employers in order to act against workplace discipline violations. Frequently, such leaves are on an "unpaid basis" and that's permissible. In this case, an employee is suspended without pay for several days, or even sometimes, several weeks, or longer (though it can't go on forever - we'll get to that), as punishment for breaking company policy. If it was made a condition to employment that employees do not take smoking breaks, the employer is entitled to take disciplanary action against a person who violates this rule. The rule may have been stated in an employment agreement, conveyed as a policy during employment or included in an employee handbook. That's pretty clear and straightforward. I also believe the employer can instruct the employee not to be in contact with others at the workplace so as to not disrupt th workplace and to allow for an investigation to be conducted without interference. The issues raised in the question are twofold: 1. Can this state of unpaid leave go on forever? 2. Can the employer enforce the no-smoke-break rule selectively and single-out a specific employee. In terms of #1 above, different states may have different laws that apply and I am not familiar with the various standards. However, an employer must act reasonably, and in my view, for such an investogation to go on for months is not reasonable. You could turn to the HR manager and demand to understand what the causes are for the significant delays in resolving this matter. You may have a claim against the employer if no reasonable response is offered. The claim may be for unpaid wages during the excessive timeframe during which the investigation was drawn out. BUT. The employer might find different excuses so as to explain such delays, and as indicated above, the unpaid leave itself is a customary practice and not one that is unlawful In terms of #2 above, the issue is that the employee will find it very difficuly to prove that selective enforcement was going on. However, if proof of this is available (e.g., you can prove that the common practice has always been for employees to take a 5-min break and this was never raised as an issue by the employer, over an extended period), then, you may have a case of discrimination against you. Again, I believe hard to prove.

User Avatar

Wiki User

10y ago
This answer is:
User Avatar

Add your answer:

Earn +20 pts
Q: A disciplinary leave
Write your answer...
Submit
Still have questions?
magnify glass
imp
Related questions

What are most frequent disciplinary offenses in the Army related to?

Most frequent disciplinary offenses in the Army are leave related.


What are the most frequent disciplinary offenses in the Army are?

Leave related


What do you call taking leave without permission?

Taking leave without permission is commonly referred to as "unauthorized absence" or "absent without leave (AWOL)." It is a violation of workplace or military policies and can result in disciplinary action.


What is the definition of Absence without leave?

Absence without leave (AWOL) refers to the unauthorized absence of a military member from their assigned duties, typically without permission. It is a serious offense in the military and can result in disciplinary actions.


When was US Disciplinary Barracks created?

United States Disciplinary Barracks was created in 1874.


What do you mean disciplinary measures used in organization?

What do you mean disciplinary measures used in organization?


When was The Future Is Inter-Disciplinary or Not at All created?

The Future Is Inter-Disciplinary or Not at All was created in 2006.


What does the referee take onto the pitch and leave behind after the game?

The referee typically carries a whistle, cards (yellow and red), a notebook, and a substitute board onto the pitch. After the game, they leave behind any disciplinary reports or documentation related to the match.


who should you contact if you are involved in a disciplinary?

If you are involved in a disciplinary issue, you should contact your HR department or supervisor immediately. They can provide guidance on the next steps to take and can help you navigate the disciplinary process.


Spelling of displinary?

disciplinary


Can a 17 year old be accompanied to a disciplinary hearing?

Not enough information is given. Disciplinary hearing for WHAT? WHO is the hearing held by?


What is disciplinary variation in academia?

Disciplinary variation is quite simply the variety of subjects that a student can take or that it is possible to take.