Section Per 1001.02 - Non-Disciplinary Suspension Without Pay for Purposes of Investigation(a) An appointing authority may, with the approval of the director, suspend an employee without pay for a period of up to 30 calendar days pending the outcome of either criminal charges or an investigation of alleged criminal wrongdoing when: (1) The nature of the charges brought or the allegations made conflict with the duties and responsibilities of the employee's position; and(2) The charges or allegations warrant the removal of the employee from the worksite.(b) In approving an employee's suspension without pay under (a) above, the director or the director's designee, shall base the determination on factors such as, but not limited to, the following:(1) Whether the employee presents a danger to himself or to others or to state property or state records during the pendency of the investigation;(2) Whether the employee's presence in the workplace impedes the investigation or intimidates witnesses or coworkers;(3) Whether the employee's presence in the workplace during the pendency of the investigation disrupts the workplace;(4) Whether the employee's presence in the workplace provides an opportunity to the employee to hide or destroy evidence relevant or necessary to the investigation;(5) Whether the investigation makes it impossible for the employee to complete core tasks of the position, such as law enforcement, direct care, or similar position duties; and(6) The likelihood that the employee will have access to or attempt to influence or intimidate witnesses necessary to the investigation.(c) The appointing authority may request the director's approval to extend the suspension without pay for one or more additional periods not exceeding 30 days each.(d) The director shall grant an extension requested under (c) above if, at the end of a period of suspension, the appointing authority demonstrates that:(1) The conditions set forth in (a) above continue to exist; and(2) The investigation has not been completed or the charges are still pending.(e) If, at the conclusion of the investigation or criminal proceedings, the appointing authority determines that no disciplinary action is warranted, the employee shall be returned to paid status and shall be entitled to any loss of compensation, less the amount of any wages the employee earned during the period of suspension.N.H. Admin. Code § Per 1001.02
(See Revision Notes at chapter heading for Per 100) by #8738, eff 10-18-06
Amended byVolume XXXV Number 18, Filed May 7, 2015, Proposed by #10817, Effective 5/17/2015, Expires5/17/2025.