QUESTION
Can the employer deduct the already previous approved sick/annual leave from a resigned employee's final pay check?
Asked on Jun 18th, 2015 on Employment Contracts - Virginia
More details to this question:
-My employment agreement with private sector employer governed by the laws of the Commonwealth of Virginia. - I am entitled for 15 days leave/year (inclusive of Vacation and sick leave) - I was always working from home during my leave days - Employer wants to deduct for a total of 14 days from my final pay check for already approved sick leave that I took several months ago - I was working with employer for six years through several positions through several contracts for each position. - My current contract is valid for three years and I already worked for two years and still working, however I already gave them my 30 days notice
1 ANSWER
If this is valid leave that you were entitled to and took (it was benefit employer provided you), and you are not in negative leave situation, then it appears that the employer cannot make this deduction from your final pay. Take a look at VA Code 40.1-29 (https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+40.1-29). Paragragh A discusses timing of payment. Paragraph C discusses permitted deductions. I would provide this information to the employer. If they maintain that they are still going to make deduction, you could contact VA Department of Labor or local attorney to help you.
Answered on Jun 27th, 2015 at 5:08 AM