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Experience:  Exclusively practice labor and employment law.
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Hello.. My daughter was placed on administative leave from

Resolved Question:

Hello..

My daughter was placed on administative leave from her job in Colorado. Two weeks later she was terminated. Is the employer required to pay her for hours she was scheduled during that leave period?

Thanks
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.
Hi, thanks for submitting your question today. If she is paid on an hourly basis and was on administrative leave (i.e., she would have worked but for the administrative leave) then she is not owed wage for the hours she did not work. Administrative leave is only paid leave when the employer voluntarily designates it as such. From my experience, if management is fairly confident that they are going to terminate the employee, the employer will not designate the leave as paid; unless there is a union contract in place that all leave must be paid.

However, she would be owed unemployment compensation from the date of beginning of the administrative leave because the employer did not provide wage in those weeks. Most people mistakenly believe they are not owed unemployment until they are officially terminated; but that's not true. When the employer substantially cuts hours, the employee can file for unemployment.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – select the Reply to Expert or Continue Conversation button. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 2993
Experience: Exclusively practice labor and employment law.
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John
Employment Lawyer
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Exclusively practice labor and employment law.