Unpaid Leave Deduction Legality

Summary

Employers generally cannot deduct more than an employees daily earnings. Deductions for benefits should remain consistent and not increase due to unpaid time off. Contact the Pennsylvania Department of Labor & Industry for specific guidance.

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Verified lawyers, *+ years of experience Pearl Pearl Wilson, Lawyer's Assistant Welcome! How can I help with your employment law question? You Hi, I'm an hourly employee in Pennsylvania. I get paid hourly and NOT salary. I work about * hours a day. I also have health benefits from the employer. For the health benefits, the employer takes monies out of each of my paychecks (all good) for my premium or whatever. I work at a school and make *.* an hour. They give me * personal days a year, no vacation, and * sick days a year. My daughter is graduating college in another state. I need 4 days off. I will use personal time for two of the days. For the other two days they said I need to use unpaid time (fine) since I'm not taking off for being sick. The employer wants to charge me *.* a day, per each of the two days I take off. They also do this to others. The $* per day is above what I would be paid if I worked a day. They are staring since I'm taking two days of unpaid time that they will charge me * a day towards my benefits even though I pay for benefits in my checks anyway. They also want me to sign a form authorizing them to take this monies directly from check. I even asked them to itemized the costs and provide the calculation they used to determine I have to pay them $* per day to take time off. I am an hourly employee. Is this legal? The result will be me paying them for a day off in excess of what I would actually make if I worked. Also, if I don't sign their form then they won't approve my time off and state in writing it could lead to discipline. HELP!
I understand your concern. In general:
- Employers can't deduct more than what an employee earns for a given day.
- They must provide a detailed breakdown of any deductions.
- Deductions for benefits should remain consistent, not increase due to unpaid time off.
However, specifics can vary. Have you contacted the Pennsylvania Department of Labor & Industry to discuss this?
I have not
I recommend contacting the Pennsylvania Department of Labor & Industry. They can provide specific guidance on your situation. Their phone number is *-*-*-* and their website is www.dli.pa.gov.