Use of Administrative Leave, and Protected Activity

In February, at the WASDA New Superintendents Academy, Kirk presented a legal update on addressing practitioner HR issues in Wisconsin schools. During his presentation, he covered the following five topics:

• Part 1: The Teacher Contract
• Part 2: The Right to a Representative, Management & Supervision
• Part 3: Use of Administrative Leave, and Protected Activity
• Part 4: Employee Speech, as well as Staff & Religious Accommodations
• Part 5: Employees & Technology

In this installment of the series, we’re covering the following …

• Use of Administrative Leave
  • Reasons for Administrative Leave
  • General Reminders
• Protected Activity
  • Things to Watch for

We’re sharing the details of Kirk’s legal update in an effort to help Wisconsin superintendents and districts be up to date, and better prepared, for these types of practitioner HR issues.

Let’s dive into Part 3 …

Use of Administrative Leave

REASONS FOR ADMINISTRATIVE LEAVE CAN INCLUDE:

1. Need to remove the employee because allegations, if true, indicate that he/she presents risks or dangers to others in the school environment.
2. Prevent tampering with or intimidation of witnesses.
3. Ease public concerns about having the employee at school.
4. Prevent disruption of the educational environment.
5. Seriousness of allegations.
6. Monitoring or observation is not a feature of the investigation.

GENERAL REMINDERS

1. Administrative leave can be overused, especially when stealth investigation is more appropriate.
2. Administrative leave is with full pay and benefits (and does not deprive an employee of property rights).
3. Local rules should be reviewed to make sure that you are not foreclosed from using this remedy. 

Protected Activity

THINGS TO WATCH FOR

1. Types of protection (for example):
   1. Protected classification (race, gender, union activities, etc.).
   2. Supporting protected activity.
   3. Protected speech or reporting.
2. Avoiding retaliation claims.
3. Understanding and maximizing favorable evidence in cases involving protected classifications or activities.

Next up, in Part 4, our series on addressing practitioner HR issues continues with a focus on employee speech, as well as staff and religious accommodations.

Until then, here are a handful of articles that may be of interest:

• School Law Update, Part 1: New Wisconsin Laws Enacted & Proposed
• School Law Update, Part 3: Developments in Federal & Constitutional Law
• School Law Update, Part 5: Wisconsin Decisions