273 Neb. Admin. Code, ch. 13, § 002

Current through September 17, 2024

Section 273-13-002 - INVESTIGATORY SUSPENSION

Employees may be suspended for investigatory reasons. Such suspension may be with or without pay at the discretion of the Agency Head, based on the nature of the alleged offense. Suspensions for employees not eligible for overtime (exempt employees) will be in one day or multiple day increments. Investigatory suspension is not a disciplinary action. An employee who is under investigation either by an agency or civil authorities for, or charged with, criminal activity or who is alleged to have committed an offense which threatens the safety or health of another person, or an offense of sufficient magnitude that the consequence causes disruption of work, may be suspended pending outcome of the investigation or trial. If no immediate danger would result, an agency head, before suspending an employee under this section, should attempt to verify evidence with the employee and may afford the employee an opportunity to refute this information or present mitigating evidence. If a meeting takes place, the agency head will notify the employee prior to such meeting and will inform the employee of the purpose of the meeting. Employees will be notified of the general nature of the investigation.

002.01 An employee who is found not guilty through a court proceeding or agency investigation, or has no judicial action taken, may or may not be reinstated (to his/her position) by the agency head based on relevant facts acquired in the investigation. If reinstated to the former position, it will be with full back pay and service credit for the period of suspension. If evidence in an investigation shows that disciplinary action should be taken, the agency head will initiate disciplinary procedures.

002.02 Investigatory suspensions without pay may be grieved by employees.

273 Neb. Admin. Code, ch. 13, § 002

Adopted effective 12/21/2021

Amended effective 6/14/2023