SOP_NUMBER: 104.28
TITLE: Suspension Without Pay
REFERENCE_CODE: IVO06-0009
DIVISION: Administrative & Finance
TOPIC_AREA: 104 Policy-HR Relocate/Suspend/Demote/Terminate
EFFECTIVE_DATE: 2009-03-15
WORD_COUNT: 1538
POWERDMS_URL: https://public.powerdms.com/GADOC/documents/105232
URL: https://gps.press/sop-data/104.28/
SUMMARY:
This policy establishes the conditions and procedures under which the Georgia Department of Corrections may place full-time employees on suspension without pay. Suspensions without pay may be imposed for disciplinary reasons (up to 30 calendar days), pending criminal court action, failure to maintain required licenses or permits, or positive drug test results. The policy specifies different notice and response procedures for classified versus unclassified employees, with classified employees receiving 15 days' notice and unclassified employees receiving 24 hours' notice.
KEY_TOPICS: suspension without pay, disciplinary action, classified employees, unclassified employees, notice requirements, adverse action, criminal court action, drug testing suspension, exempt employees, fair labor standards act, response period, appointing authority
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FULL TEXT:
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|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**`Functional Area: `**
`Support Services/Personnel`|**`Reference Number: `**
`IVO06-0009`|**`Revises Previous`**
**`Effective Date:`**
`07/01/03`|
|**`Subject:`**
`Suspension Without Pay`|||
|**`Authority:`**
`Owens/Schofield`|**`Effective Date:`**
`3/15/09`|`Page`**` 1`**` of`
**`6 `**|
```
I. POLICY:
A full-time employee of the Georgia Department of Corrections
(GDC), upon written notice, may be placed on suspension
without pay.
II. APPLICABILITY:
All full-time employees of the Georgia Department of
Corrections.
III. RELATED DIRECTIVES:
A. State Personnel Board Rules
Rule 8, Political Activity
Rule 15, Changes to Employment Status
Rule 24, Rules for Classified Employees
B. GDC Standard Operating Procedures
IVO06-0008, Suspensions With Pay
IVO15-0011, Random Drug Testing
IVO15-0012, Reasonable Suspicion Drug Testing
SOP IVO20-0001, Adverse Actions (Classified Employees)
SOP IVO20-0002, Adverse Actions (Unclassified Employees)
IV. DEFINITIONS:
None
V. ATTACHMENTS:
None
```
|Functional Area:
Support Services/Personnel|Prev. Eff. Date:
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|---|---|---|
|`Functional Area:`
`Support Services/Personnel`
|`Effective Date:`
`3/15/09`|`Reference Number:`
`IVO06-0009`|
```
VI. PROCEDURE:
```
```
A. A full-time employee of the Georgia Department of
Corrections may be placed on suspension without pay for
the reasons outlined below:
1. A suspension without pay for disciplinary purposes
should be proportional to the offense and shall not
exceed 30 calendar days for any one offense, or for
multiple offenses arising out of the same incident
as provided for in Rule 15 of the Rules of the
State Personnel Board. A full-time employee may be
suspended for disciplinary purposes because of:
a. negligence or inefficiency in performing
assigned duties;
b. inability or unfitness to perform assigned
duties;
c. insubordination, misconduct, and/or conduct
reflecting discredit on the Department;
d. commission of a felony or other crime
involving moral turpitude;
e. chronic tardiness or absenteeism;
f. failure to report for or remain at work
without justifiable cause;
g. failure to process performance appraisals in a
timely manner; or
h. political activity in violation of State
Personnel Board Rule 3.
2. A full-time employee may be suspended without pay
during a period of pending criminal court action .
This suspension without pay should occur only when
such pending criminal action may deter the
employee's effectiveness in employment.
a. A suspension without pay for pending criminal
court action shall not exceed the period of
time necessary for the disposition of the
action.
```
|Functional Area:
Support Services/Personnel|Prev. Eff. Date:
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|`Functional Area:`
`Support Services/Personnel`
|`Effective Date:`
`3/15/09`|`Reference Number:`
`IVO06-0009`|
```
b. At the end of a period of suspension without
pay for pending criminal action, the employee
shall be returned to duty or terminated in
accordance with State Personnel Board Rules
and/or agency policies and procedures.
c. If the disposition of the criminal action does
not include any penalty to the employee, the
suspended employee must be reinstated in
accordance with State Personnel Board Rule 15
and/or agency policies and procedures.
3. Failure to secure or maintain a license,
certificate, or permit required by any law, or
applicable regulation, or rule, policy or
requirement of the appointing authority.
4. An unclassified employee who tests positive during a
random drug test procedure for the presence of one
or more illegal drugs shall immediately be placed on
suspension without pay. If an unclassified employee
is notified of positive drug test results by the
Medical Review Officer, and self-reports the results
(to the Appointing Authority) but does not submit a
resignation, he/she shall also immediately be placed
on suspension without pay. The suspension without
pay shall end upon receipt of the official
laboratory report and State Personnel Administration
notice.
Note: Exempt Employees : Suspension without pay of
less than five work days (in a 7-day work week), of
employees who are exempt from the Fair Labor
Standards Act (FLSA) are not permissible. Suspension
without pay for disciplinary reasons for exempt
employees must be in increments of 7 days (7/14/21)
depending on the severity of the offense.
B. Notification Process
1. Classified Employees : The Appointing Authority must
give a classified employee written notice of the
proposed suspension without pay, at least 15
calendar days prior to the effective date of the
action, except in an emergency situation as set
forth in State Personnel Board Rule 24. To invoke
```
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|`Functional Area:`
`Support Services/Personnel`
|`Effective Date:`
`3/15/09`|`Reference Number:`
`IVO06-0009`|
```
Rule 24, the Appointing Authority must consult with
the Director, Human Resources.
a. The notice of proposed suspension without pay
must include the following:
1) The effective date (and duration, if
applicable) of the action. Also included
is a statement of the notice period. This
period must be at least 15 calendar days
from the date of the proposed action. It
must also be presented to, or received by
the employee, or properly delivered to
the employee's last known address;
2) The specific charges or reasons for the
suspension without pay;
3) A statement advising that the employee
has a right to respond to the
Commissioner's Designee for Adverse
Actions pertaining to the charges or
reasons within 10 calendar days from the
date the notice of proposed adverse
action is received. The employee may
respond in writing, appear before the
Commissioner's Designee at an agreed upon
time during regular business hours within
the response period, or both.
4) A statement advising the employee that a
failure to respond to the charges during
the response period will result in the
action being effective on the date
specified without further notice; and,
5) A warning that failure to respond by the
date set forth in the notice will result
in a waiver of all further appeal rights,
including any appeal to the State
Personnel Board.
2. Unclassified Employees : For a suspension without
pay, the Appointing Authority must give an
unclassified employee written notice of the
suspension without pay, at least 24 hours prior to
the effective date of the action, except upon
```
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Support Services/Personnel|Prev. Eff. Date:
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|`Functional Area:`
`Support Services/Personnel`
|`Effective Date:`
`3/15/09`|`Reference Number:`
`IVO06-0009`|
```
notification of positive drug test results or in an
emergency situation. If an emergency situation
occurs which does not allow for 24 hour notice, the
Appointing Authority must consult with the
Director, Human Resources.
a. The notice of suspension without pay must
include the following:
1) The effective date of the suspension
which must be at least 24 hours after the
date that the notice of the action is
presented to, or properly delivered to
the employee's last known address unless
due to positive drug test or emergency
situation as stated above;
2) The specific charges or reasons for the
suspension without pay;
3) If the suspension without pay is for
pending criminal charges, the statement
must advise the unclassified employee
that they may be separated from
employment after a 30-day period, if the
charges for which the suspension are
proposed are not resolved.
4) A statement advising that the employee
has a right to request a review to the
Commissioner’s Designee for Adverse
Action pertaining to the charges or
reasons within five business days from
the date that the notice of adverse
action is received. The employee may
respond in writing, appear before the
Commissioner's Designee at an agreed time
during regular business hours within the
response period, or both. However,
suspension without pay due to pending
receipt of official notification of
positive drug test results shall not
include a review process until
termination.
5. To place an employee on suspension without pay, the
appropriate Personnel/Personnel Action Request (PAR)
```
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|`Functional Area:`
`Support Services/Personnel`
|`Effective Date:`
`3/15/09`|`Reference Number:`
`IVO06-0009`|
```
Form must be submitted to the Central Personnel
Administration (CPA) Adverse Action Coordinator for
processing:
a. SUS/CCA - Pending Criminal Court Action
b. SUS/DAC - Disciplinary Action
c. SUS/DAC - Pending Receipt of Official
Notification of Positive Drug Test Results
B. A copy of the written notice to the employee must be
attached to the PAR Form submitted to CPA Adverse Action
Coordinator for processing.
C. Return from Suspension Without Pay
1. Classified employees who are suspended for criminal
court action and are found not guilty of the
charges shall immediately be returned to pay status
in accordance with Rule 24 of the Rules of the
State Personnel Board. Any wages due to the
employee from this period of suspension without pay
shall immediately be issued once the employee has
provided proof of wages earned while on suspension
without pay.
2. Classified employees who are suspended without pay
for disciplinary reasons as outlined in Rule 24 of
the Rules of the State Personnel Board shall not be
entitled to any compensation upon return to pay
status.
3. Unclassified employees who are suspended for
criminal court action and are found not guilty of
the charges shall immediately be returned to pay
status in accordance with Rule 15 of the Rules of
the State Personnel Board. Any wages that would
have been earned during this maximum 30-day period
of suspension without pay are awarded.
4. To return an employee from suspension without pay,
the appropriate Personnel/Personnel Action Request
(PAR) Form must be submitted to the Central
```
|Functional Area:
Support Services/Personnel|Prev. Eff. Date:
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|`Functional Area:`
`Support Services/Personnel`
|`Effective Date:`
`3/15/09`|`Reference Number:`
`IVO06-0009`|
```
Personnel Administration (CPA) Adverse Action
Coordinator for processing:
a. REC/SUS – Recall from Suspension
```