Code of Alabama - Title 45: Local Laws - Section 45-49-120.22 - Suspensions

Section 45-49-120.22 - Suspensions.

(a) An appointing authority may suspend a regular employee whenever he or she considers the good of the service will be served thereby, for reasons stated in writing, served on the affected employee, and a copy furnished to the director, which action shall become public record. However, no employee may be suspended by the appointing authority for a period or periods in the aggregate of more than 30 days in any year of service. The suspended employee, within 10 days after notice, may appeal from the action of the appointing authority by filing a written answer to the charges. No suspension shall become effective until the suspended employee is accorded due process in the form of a predisciplinary hearing. The suspended employee shall have the right to file an appeal of the suspension for a hearing before the board. The hearing before the board shall be in accordance with the rules promulgated by the board.

(b) For good cause shown or when an employee has been charged with a violation of the penal code, the appointing authority may place him or her on administrative leave for a period not to exceed 60 days. If a further extension is necessary, it shall require approval of the personnel board. During the administrative leave, the employee’s compensation and other emoluments of his or her position shall not be diminished. Provided, however, the appointing authority shall have the right to take disciplinary action against any employee who has been placed on administrative leave, if, in the opinion of the appointing authority, disciplinary action is warranted, at which time the employee’s administrative leave shall cease.

(Acts 1939, No. 470, p. 298, § 23; Act 2004-105, p. 145, § 1.)

Last modified: May 3, 2021