My husband is a law enforcement officer and has now been on paid administrative leave for almost two weeks. He has not received any real answers as to his offense. He has been harassed by upper management for quite some time. They told him while on paid administrative leave he cannot leave our home between certain hours. It feels like house arrest. Can they ask this of their personnel on house arrest without any apparent reason for the leave?
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Paid Administrative Leave
- Thread Starter paprika
- Start date
army judge
Super Moderator
Can they ask? Sure, in fact, according to you they have already asked. He's being paid, isn't he? You might suggest he speak with a local attorney about protecting his rights, especially if he is potentially facing criminal charges and/or job loss.
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mightymoose
Moderator
He needs to review the written policy. It is available from the city or county personnel office and might even be online.
They can not confine him to his home, but he is technically on duty and may needed to remain available.
They can not confine him to his home, but he is technically on duty and may needed to remain available.
Betty3
Well-Known Member
If he is being paid, it is certainly possible that he can be required to be available at certain hours. He needs to read the policy as suggested.
CdwJava
Moderator
The answer to most of these questions can be found in the MOU and the personnel rules that govern your husband's employment with the agency and the agency in question.
Yes, if you are on paid administrative leave it is common practice to specify the hours that you are to be restricted to a location or work assignment. This is most often a typical Monday through Friday 9 to 5 thing, but can vary depending on the MOU. Remember, they COULD have him come to the office and chain him to a desk. If he is being paid, he is required to be where they direct him to be as governed by the agency's policies and the MOU.
If he has not already done so for some strange reason, he needs to speak only to his legal representative at this point. Even his union rep. can be compelled to answer questions about your husband, so he should utilize his association (union) to obtain legal counsel in order to receive advice on how to proceed.
His procedural rights under Oregon law can be found here:
https://www.oregonlegislature.gov/bills_laws/lawsstatutes/2013ors236.html
(236.350 et seq.)
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