The Department of Human Resources Management should be consulted prior to suspending an employee. An employee will receive a suspension as the third step in the progressive disciplinary process or for a serious offense requiring a suspension for the first infraction. Suspensions are without pay. When an exempt (salaried) employee is suspended, it must be for a minimum of five working days (Monday through Friday) to protect his or her exempt status under the Fair Labor Standards Act. It is important that the employee:
1. Knows that the suspension is without pay
2. Understands the policies or rules violated, or other actions necessitating the suspension
3. Receives the specific dates of the suspension
4. Is made aware of the corrective actions necessary
5. Understands the possible consequences of a recurrence
6. Is made aware that a suspension is a grievable action*
The incident must be documented on the Disciplinary Report and signed by the employee and supervisor/manager and copies distributed as indicated on the form. Should the employee refuse to sign the report, it will be noted that "employee refused to sign" and another supervisor/manager, in addition to the employee's immediate supervisor/manager, will sign as a witness.
*Suspensions are grievable through the University Grievance Procedure. Covered employees who have successfully completed a twelve (12) month probationary period and occupy part or all of an established full-time equivalent position may grieve. The employee must be informed in writing that he/she has 14 calendar days from the effective date of the suspension to file a grievance. Refer to Human Resources Management Policy No. 44, Grievance Procedure. Suspensions remain in effect, for progressive discipline purposes, for two years from the date signed by the employee or witness. However, suspensions become part of the employee’s permanent/official personnel record within the Department of Human Resources Management.
A suspension may exceed the normal recommended days when an employee has been arrested or is the focus of an administrative or criminal investigation and his/her continued presence at work is not in the best interest of the employee or the Medical University. Under these circumstances the employee will be placed on an indefinite suspension pending the outcome of the situation. If the employee is exonerated or charges are dismissed through the judicial process or the court, he/she may be entitled to reinstatement with back pay. The Medical University, however, may conduct its own investigation and take appropriate disciplinary action based upon the findings. Suspensions (Leave Without Pay) should be noted on the punch detail reports (STAR), biweekly time cards or monthly time summaries.