Some situations may warrant placing the respondent on a leave of absence while an investigation is in process. If there is a risk that the respondent may engage in conduct that is harmful to the company during the investigation, you may place the individual on leave pending the investigation's completion. The leave of absence can be with or without pay, however, the exempt employees may require payment for some or all of the leave depending upon the duration. For more information, see “Limited Deductions from Salary” in Deductions From an Exempt Employee’s Salary.

Employers should also be cautious when choosing an unpaid leave of absence to account for an appearance of prejudging the allegations or other forms of bias . Give the employee a leave of absence notice at the time you inform them of the leave.

If you place the respondent on leave, you can use the Leave of Absence Notification Pending Investigation form. If you use your own notice, it should include the following information:

• The name of the employee who is being investigated.
• A statement explaining that the employee is to be on leave with or without pay.
• An estimate of the investigation’s duration.
• Who to contact if the employee has any questions or concerns about what is expected during the leave or about any part of the investigation.
• Any expectations you may have of the employee during the leave and investigation, such as:
• Full cooperation throughout the investigation and complete honesty when answering questions and providing information to the company.
• All information and documentation relevant to the investigation.
• The employee’s full commitment to help bring this matter to closure, including meeting during normal working hours to provide information to the company.
• A commitment to not taking any actions that would impede or interfere with the investigation.
• An explanation of how the company will handle the employee’s return to work.

• Leaves of absence with pay do not require any payroll action. If a leave of absence without pay occurs, contact your payroll representative for instructions on appropriate payroll procedures.

• Leave of Absence Notification Pending Investigation