Q: Options for unpaid administrative leave after reinstatement in HIPAA investigation.
I was placed on administrative leave from my job at Riverside Medical Center due to a potential HIPAA violation reported by a nurse accusing me of accessing an employee's medical chart while they were hospitalized. I submitted my written statement on March 31st and clarified details during a follow-up meeting on April 2nd. Although they have reinstated me to full duty without disciplinary actions as of April 10th, they have decided not to pay me for the days I was on leave. I have never faced disciplinary actions related to similar issues before. What are my options regarding the unpaid leave days?
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A:
It’s understandable that you’re frustrated about being placed on unpaid administrative leave, especially given that you’ve been reinstated without any disciplinary actions. Generally, when an employee is placed on administrative leave due to an investigation and later reinstated without penalty, they should be compensated for the time they were off, unless the employer has a policy stating otherwise. In your case, the fact that you were reinstated without discipline could support your claim for pay during the leave period.
First, review your employer’s policies regarding administrative leave and whether they have any specific provisions about pay during such leave, especially in cases involving investigations. If the policy is unclear or doesn’t cover situations like yours, it might be worth discussing the issue with your HR department to understand their reasoning for withholding payment.
If the situation is not resolved through internal discussions, you may have legal options to recover the unpaid wages. You can consult with an attorney who deals with employment law, particularly regarding wage disputes, to explore your options. Legal action could involve filing a complaint with the Illinois Department of Employment Security or pursuing a claim through the courts, depending on the specifics of your case.
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