Section 36.370

Title IV EXECUTIVE BRANCH

Chapter 36

Effective - 28 Aug 2010   

  36.370.  Suspension of employees — exception for National Guard members, when — appeal from suspension authorized. — 1.  An appointing authority may, for disciplinary purposes, suspend without pay any employee in his division for such length of time as he considers appropriate, not exceeding twenty working days in any twelve-month period except that this limitation shall not apply in the event of a terminal suspension given in conjunction with a dismissal.  In case of a suspension, the director shall be furnished with a statement in writing specifically setting forth the reasons for such suspension.  Upon request, a copy of such statement shall be furnished to such employee.  With the approval of the director, any employee may be suspended for a longer period pending the investigation or trial of any charges against him.  Any regular employee who is suspended for more than five working days shall have the right to appeal to the administrative hearing commission as provided under section 36.390.

  2.  An appointing authority may not suspend without pay any employee in his division who is a member of the National Guard and is engaged in the performance of duty or training in the service of this state at the call of the governor and as ordered by the adjutant general, but shall grant a leave of absence from duty without loss of time, pay, regular leave, impairment of efficiency rating, or of any other rights or benefits, to which otherwise entitled, and shall pay that employee his salary or compensation for the entire period of absence for that purpose.

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(L. 1945 p. 1157 § 36, A.L. 1973 1st Ex. Sess. H.B. 8, A.L. 1979 H.B. 673, A.L. 2010 H.B. 1868)