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Unauthorized Leave and Written Warning: Consequences for Absence Without Approval, Study Guides, Projects, Research of Organizational Structures and Procedures

A formal letter issued by an employer to an employee regarding unauthorized leave. The letter serves as a written reprimand for taking unapproved leave and failing to follow the established procedure for reporting absences. The employee is informed that future incidents of misuse of leave or other inappropriate conduct may result in more severe disciplinary action. The document also includes details about the pay dock and the grievance procedure.

What you will learn

  • What is the grievance procedure for an employee who disagrees with the disciplinary action taken for unauthorized leave?
  • What steps should an employee take if they need to request additional time off or explain their absence?
  • What are the consequences for an employee who takes unauthorized leave?

Typology: Study Guides, Projects, Research

2021/2022

Uploaded on 09/12/2022

jimihendrix
jimihendrix 🇬🇧

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SAMPLEUnauthorizedLeaveandWrittenWarning
[Date]
[Name]
[Address]
Via[HandDeliveryORCertifiedMailNo._________]
Dear[Mr./Ms.LastName]:
Thepurposeofthisletteristonotifyyouthatyourabsencebeginningat[time]on[day],[date]through
[time]on[day],[date]isbeingchargedasunauthorizedleave.Secondarily,thisletterservesasa
writtenreprimandforfailingtoappropriatelyrequestandreceiveapprovalforpaidleave,andforfailing
tofollowtheestablishedprocedureforcallingintoreportanunscheduledabsence.Itisimportantfor
youtounderstandthattakingunauthorizedleaveismisconductforwhichthisdisciplinaryactionis
beingtaken,andanyfurtherincidentsofmisuseofleave,orotherinappropriateconduct,willresultin
moreseveredisciplinaryaction,uptoandincludingdismissal.
Approvalwasgrantedtoyouforannualleavefor[day],[date]through[day],[date],andyouwere
scheduledtoreturntoworkon[day],[date],butfailedtodoso.On[day],[date]youcalledand
reportedyouwerehavingtransportationproblems;therefore,youweregrantedanadditionaleight(8)
hoursofemergencyannualleaveforthatday.Youwereexpectedtoreturntoworkon[day],[date],
however,youdidnotreportforworkuntil[timeandday],[date].
Younotonlyfailedtoreturntoworkon[date],asexpected,butalsofailedtoreporttoworkon
[date(s)],anddidnotcontactyoursupervisoronanyofthesedaystorequestadditionaltimeofforto
explainyourabsence.Itisyourresponsibilitytokeepyoursupervisorinformedofanyemergencywhich
preventsyoufrombeingatworkasscheduled.Failuretodosoisabsencewithoutauthorizationfor
approvedleaveandwillresultinyourpaybeingdocked.
[Includedetailsregardingpreviouscounseling,warnings,suspensions,etc.,relatedtothesame
offense.]
AccordingtotheAdministrativeRuleoftheWestVirginiaDivisionofPersonnel,W.VA.CODER.§14311
etseq.,subsection14.6‐UnauthorizedLeave:
[InsertcurrentSubsection14.6here]
InaccordancewiththeRule,yourpaycheckwillthereforebedockedfortwentyfour(24)hoursinthe
payperiodbeginning[date].Sinceyouareeligibletoaccruetenureandleaveonlywhileinapaid
status,yourannualandsickleaveaccrual,aswellasyourtenureforthemonthof[date],willbe
proratedandreducedaccordingly.
[Insertrelevantdetailsregardingcallinprocedure,requestinginadvance,etc.]
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SAMPLE – Unauthorized Leave and Written Warning [Date] [Name] [Address] Via [Hand Delivery OR Certified Mail No._________] Dear [Mr./Ms. Last Name] : The purpose of this letter is to notify you that your absence beginning at [time] on [day] , [ date] through [time ] on [day] , [date] is being charged as unauthorized leave. Secondarily, this letter serves as a written reprimand for failing to appropriately request and receive approval for paid leave, and for failing to follow the established procedure for calling in to report an unscheduled absence. It is important for you to understand that taking unauthorized leave is misconduct for which this disciplinary action is being taken, and any further incidents of misuse of leave, or other inappropriate conduct, will result in more severe disciplinary action, up to and including dismissal. Approval was granted to you for annual leave for [day] , [date] through [day] , [date] , and you were scheduled to return to work on [day] , [date] , but failed to do so. On [day] , [date] you called and reported you were having transportation problems; therefore, you were granted an additional eight (8) hours of emergency annual leave for that day. You were expected to return to work on [day] , [date] , however, you did not report for work until [time and day] , [date]. You not only failed to return to work on [date] , as expected, but also failed to report to work on [date(s)] , and did not contact your supervisor on any of these days to request additional time off or to explain your absence. It is your responsibility to keep your supervisor informed of any emergency which prevents you from being at work as scheduled. Failure to do so is absence without authorization for approved leave and will result in your pay being docked. [Include details regarding previous counseling, warnings, suspensions, etc., related to the same offense.] According to the Administrative Rule of the West Virginia Division of Personnel, W. V A. C ODE R. §143‐ 1 ‐ 1 et seq ., subsection 14.6 ‐ Unauthorized Leave: [Insert current Subsection 14.6 here] In accordance with the Rule , your paycheck will therefore be docked for twenty‐four (24) hours in the pay period beginning [date]. Since you are eligible to accrue tenure and leave only while in a paid status, your annual and sick leave accrual, as well as your tenure for the month of [date] , will be prorated and reduced accordingly. [Insert relevant details regarding call‐in procedure, requesting in advance, etc.]

If your [specify issue] is the result of medical and/or personal problems, I suggest you may want to contact the physician, practitioner, or counseling service of your choice. Whether or not you choose to do so is your decision. I am, however, obligated to ensure that you [report for duty as scheduled, observe established rules, meet performance expectations, etc.]. You may also obtain information on the State of West Virginia’s Employee Referral Program by contacting the Division of Personnel at (304) 558 ‐3950, extension 57247, or by visiting the web site at www.state.wv.us/admin/personnel/classes/erp/refbook.pdf. For any appeal rights you may have, please refer to W. V A. C ODE §6C‐ 2 ‐ 1 et seq ., the West Virginia Public Employees Grievance Procedure. If you choose to exercise your grievance rights, you must submit your grievance, on the prescribed form, within fifteen (15) working days of the effective date of this action, to [name and address of Chief Administrator] at Level One of the Procedure. As provided in the statute, you may proceed to Level Three of the Procedure by filing your grievance directly with the Public Employees Grievance Board upon the agreement of the chief administrator, or when dismissed, suspended without pay, or demoted or reclassified resulting in a loss of compensation or benefits. You must provide copies of your grievance accordingly to the Public Employees Grievance Board at 1596 Kanawha Boulevard, East, Charleston, West Virginia, 25311; [agency copy ‐ name and address] ; and the Director of the Division of Personnel, Building 6, Room B‐416, State Capitol Complex, Charleston, West Virginia, 25305. Details regarding the grievance procedure, as well as grievance forms, are available at the Board’s web site at www.pegb.wv.gov or you may telephone the Board at (304) 558 ‐ 3361 or toll‐ free at (866) 747 ‐6743. Please sign one copy of this letter indicating your receipt of this notice of the pay dock and written reprimand, and return to me. Your signature does not indicate agreement or disagreement with the contents; it only verifies that you have received this letter. A copy will also be placed in your confidential agency Personnel File. Sincerely, [Appropriate Signature Authority ] Attachment c: Agency Personnel File West Virginia Division of Personnel [OPTIONAL LANGUAGE ‐ If the employer meets with the employee and hand delivers the letter, the employer may request that the employee verify receipt by signing the following acknowledgment typed at the bottom of the letter .] I have received a copy and am aware of the contents of the foregoing letter


Employee Signature Date