Sick time

GLC

We have in the past paid employees for being out sick for an entire day even if they have no more sick time available. This has been a mistake in payroll. My question is this. If an employee leaves the agency and has taken more sick days than we allow and now they are in the negative, can we withhold this overage from their last paycheck and even dip into unused accrued vacation time, if necessary, to recoup our loss.

Signed,
Kentucky

Theresa Gegen TX

[font size="1" color="#FF0000"]LAST EDITED ON 02-01-02 AT 05:19PM (CST)[/font][p]You might have problems withholding the pay from their last check (especially if the withholding brings them below minimum wage or messes up their overtime). Even if it doesn't, the employee will be likely to complain about it and I suspect that there is a good chance that the state administrative agency would find for the employee. You will probably have less problems counting the paid time off as used vacation and reducing their accrued vaction time. But you need to look closely at the company policy and your state pay day law (which may limit this).


Also, many states (like Texas) will not allow withholding without a signed authorization from the employee. That could come into play.

Good Luck!