36.370. Suspension of employees--exception for national guard members, when--appeal from suspension authorized.
Suspension of employees--exception for national guard members,when--appeal from suspension authorized.
36.370. 1. An appointing authority may, for disciplinarypurposes, suspend without pay any employee in his division forsuch length of time as he considers appropriate, not exceedingtwenty working days in any twelve-month period except that thislimitation shall not apply in the event of a terminal suspensiongiven in conjunction with a dismissal. In case of a suspension,the director shall be furnished with a statement in writingspecifically setting forth the reasons for such suspension. Uponrequest, a copy of such statement shall be furnished to suchemployee. With the approval of the director, any employee may besuspended for a longer period pending the investigation or trialof any charges against him. Any regular employee who issuspended for more than five working days shall have the right toappeal to the board as provided under section 36.390.
2. An appointing authority may not suspend without pay anyemployee in his division who is a member of the national guardand is engaged in the performance of duty or training in theservice of this state at the call of the governor and as orderedby the adjutant general, but shall grant a leave of absence fromduty without loss of time, pay, regular leave, impairment ofefficiency rating, or of any other rights or benefits, to whichotherwise entitled, and shall pay that employee his salary orcompensation for the entire period of absence for that purpose.
(L. 1945 p. 1157 § 36, A.L. 1973 1st Ex. Sess. H.B. 8, A.L. 1979 H.B. 673)