A claimant who has been suspended from work by the employing unit as discipline for breaking established rules and regulations may be disqualified from receiving UI for the period of suspension, but in no case may this period exceed 10 weeks. G.L. c. 151A, § 25(f); 430 CMR 4.04(4). The disqualification occurs only if the employer establishes that the claimant violated a rule or regulation that was published or established in the employer's customary manner, the suspension was for a fixed period of time, and the employee has the right to return to the job if work is available at the end of the suspension period.

Public employees who are suspended following indictment are disqualified from receiving UI, even if for an indefinite period. See G.L. c. 151A, § 22; c. 30, § 59 (applies to officers and employees of the Commonwealth); G.L. c. 268A, § 25 (applies to county, municipal and district officers).

Investigatory Suspension

A disciplinary suspension under § 25(f) is distinct from an “investigatory suspension,” which, if followed by termination, should be analyzed under G.L. c. 151A, § 25(e)(2) as discharge attributable to the employee’s actions. See BR-110769 (1/11/2011) (where claimant was placed on indefinite investigatory suspension, and then was terminated after the employer concluded the claimant had engaged in the suspected misconduct, the period of time over which the claimant was suspended cannot be analyzed as a disciplinary suspension but should instead be considered a § 25(e)(2) suspension which occurred at the date the employee was put on investigatory suspension pending discharge).