IN THE HOUSE OF REPRESENTATIVES OF THE STATE OF FIRESTONE
ON THE 25TH DAY OF FEBRUARY 2024
Mr. legaalsp and Mr. Wolf_RBX proposed the following bill:
The Administrative Leave Act
PREAMBLE: Recognising the need for departments to safeguard the public in the early stages of an investigation against an employee, this Act seeks to allow departments to place employees under administrative leave, within the regulations set forth. This will resolve debates over whether the issue amounts to a disciplinary action under law, allowing for employers to act decisively in critical moments.
BE IT ENACTED BY THE STATE OF FIRESTONE CONGRESS HERE ASSEMBLED THAT:
SECTION 1: Definitions
(a) The Fairer Employment Act shall be recognised as Fairer Employment Act
(b) “Administrative Leave” shall be defined as “A non-disciplinary action made by an employer against an employee, temporarily suspending that employee’s duties, including but not limited to prohibiting them from representing the employer.”
SECTION 2: Regulations for Administrative Leave
(a) A department may place an employee under Administrative Leave in order to allow for the prompt and effective investigation of an allegation amounting to a breach of law or severe policy violation.
(b) When determining what a severe policy violation is, departments - and the Courts if an employee alleges they have been unlawfully placed under Administrative Leave - shall consider the likelihood that the offence actually occurred, according to the evidence available at the time of the initial decision, and the harm that arose/may have arose, if the allegation is proven.
(c) No employee shall be placed under administrative leave for more than 21 days from the date the allegation was made.
(d) No employee shall be placed under administrative leave if the allegation is in relation to an incident that occurred more than 45 days before the allegation was brought to the employer.
(e) If the allegation being investigated is found proven, any resulting disciplinary actions must take into account the employee’s time on administrative leave.
SECTION 3: Amending the Fairer Employment Act
(a) Section 4.a of the Fairer Employment Act currently states:
   (i) “It shall be within the authority of the department heads, as well as any lesser employees authorized by the department head to make or influence decisions regarding punitive or disciplinary measures such as terminations, strikes, suspensions, administrative leaves, or any other measures against an employee intended as punishment, who shall hereafter referred to as “administration” or another reasonable variant thereof, to enact punitive or disciplinary measures on those employees who violate one or more policies. Such measures shall adhere to the given standard disciplinary system detailed in the set of rules and regulations.”
(b) Section 4.a of the Fairer Employment Act shall now state:
   (i) “ It shall be within the authority of the department heads, as well as any lesser employees authorized by the department head to make or influence decisions regarding punitive or disciplinary measures such as terminations, strikes, suspensions, administrative leaves, or any other measures against an employee intended as punishment, who shall hereafter referred to as “administration” or another reasonable variant thereof, to enact punitive or disciplinary measures on those employees who violate one or more policies. Such measures shall adhere to the given standard disciplinary system detailed in the set of rules and regulations.”
SECTION 4: General Provisions
(a) This act shall go into effect immediately upon completion of the required constitutional process.
(b) Should any part of this act be declared unconstitutional or otherwise struck down, the entire act shall be null and void.
Respectfully submitted to the Congress of the State of Firestone
CHIEF SPONSOR:
Representative legaalsp
CO-SPONSORS:
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The Hon. Wolf_RBX, Esq.
Associate Justice of the Supreme Court, Author -
Representative Brvendan
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Representative haleyysp