Employer's mistake causing financial ruin?

[cbg]

Yes or no.

Has. Jill. Been. Paid. For. All. The. Time. She. Has. Worked.

 

[Alexandra813]

So, what is the employer's mistake?

If she wasn't paid for leave she shouldn't have been paid for and therefore, there is no deduction for said leave paid in error (because it wasn't), what is the error?

She SHOULD have been paid for the leave. She HAD leave available to take. That's what I tried to explain earlier that just made it more confusing.

Let me try again:
Jill took off March 18th, 19th and 20th. We have to call in and request leave stating which type of leave we wish to take, sick or annual. Supposedly she didn't ask for a particular type, so they listed her as Absent WithOut Leave, which we do NOT get paid for.
When she returned on March 23rd, she had to fill out a '71' which is a leave request. Our supervisor is supposed to turn in the 71s to payroll before the end of the pay period. He did not turn it in until the next pay period. So they basically, for lack of a better term, charged her 3 days of leave twice.
If you are in an unresolved AWOL status, any leave you take subsequent to that cannot be paid.
She should have been paid for the leave she took, and should not have been 'charged' twice for the leave.
Does any of that help at all? If you have any specific questions ask, I'll try to clarify.

 

[pattytx]

Yes or no.

Has. Jill. Been. Paid. For. All. The. Time. She. Has. Worked.

I. Haven't. Been. Able. To. Figure. It. Out. Either.

 

[Zigner]

She SHOULD have been paid for the leave. She HAD leave available to take. That's what I tried to explain earlier that just made it more confusing.

Let me try again:
Jill took off March 18th, 19th and 20th. We have to call in and request leave stating which type of leave we wish to take, sick or annual. Supposedly she didn't ask for a particular type, so they listed her as Absent WithOut Leave, which we do NOT get paid for.
When she returned on March 23rd, she had to fill out a '71' which is a leave request. Our supervisor is supposed to turn in the 71s to payroll before the end of the pay period. He did not turn it in until the next pay period. So they basically, for lack of a better term, charged her 3 days of leave twice.
If you are in an unresolved AWOL status, any leave you take subsequent to that cannot be paid.
She should have been paid for the leave she took, and should not have been 'charged' twice for the leave.
Does any of that help at all? If you have any specific questions ask, I'll try to clarify.

Was Jill absent from work for a total of THREE DAYS or was she absent from work for a total of SIX DAYS?

 

[Alexandra813]

Yes or no.

Has. Jill. Been. Paid. For. All. The. Time. She. Has. Worked.

Please answer the following questions with either yes or no, nothing more.

1.) Was Jill paid for the leave, regardless of what it was called? NO

2.) Is Jill having deductions taken to reimburse the employer for time they claim was paid in error? NO

3.) Is Jill currently back at work? YES

Nothing was paid in error. She missed 3 days, she was not paid for those days, she has not missed a day since and was not paid an additional 3 days the following pay period.
Her pay should have been no different from usual, except for the night differential.

SHE. HAS. NOT. BEEN. PAID. AND. SHE. SHOULD. HAVE. BEEN.
She should not had ANY money taken from her paycheck. NONE. She has NOT been paid for the time she took off OR the time she worked.
I don't know how much clearer I can make it. I'm really trying, but I just don't know how I can explain any more specifically.

 

[Alexandra813]

Was Jill absent from work for a total of THREE DAYS or was she absent from work for a total of SIX DAYS?

Three days.

 

[Zigner]

See folks - now she's a government worker...that throws a wrench in things

In any case, she should definitely be paid for the 3 days that she WASN'T absent from work.

 

[cbg]

Jill is NOT entitled under the law to be paid for the time she took off. Unless there is a legally binding and enforceable contract or CBA that says she MUST be paid for any and all leaves of absence, then she has no legal expectation of being paid for her leave. Period. If she is non-exempt, she has no legal expectation of being paid when she does not work. If she is exempt, she can legally be docked for time that she takes off voluntarily for personal reasons. It doesn't matter how much paid leave she has available, in the absence of a legally binding contract that says otherwise, the employer has no legal obligation to allow her to take it.

If she has not been paid for time that was ACTUALLY WORKED, she can file a complaint with the state DOL.

In future, if you would answer the questions asked at the time they are asked instead of attempting to circumvent them by long involved explanations of facts that are irrelevant, it will be much easier on everyone.

 

[Beth3]

Ok - I think I may have figured this out.

The 24 hours of paid leave time that Jill received that she shouldn't have been paid for was deducted from her earnings twice, right? Once on her paycheck the week she returned, and again on the following paycheck so the employer needs to reimburse her for the second deduction and it's taking forever.

All I can suggest is that Jill speak to her HR representative and/or payroll to see if there's anyway to get this resolved sooner rather than later.

 

[Alexandra813]

In future, if you would answer the questions asked at the time they are asked instead of attempting to circumvent them by long involved explanations of facts that are irrelevant, it will be much easier on everyone.

I DID answer the questions. Yes and no. JUST LIKE YOU ASKED.
See Post: https://forum.freeadvice.com/wage-salary-issues-96/employers-mistake-causing-financial-ruin-467780.html#post2262580

 

[Alexandra813]

Ok - I think I may have figured this out.

The 24 hours of paid leave time that Jill received that she shouldn't have been paid for was deducted from her earnings twice, right? Once on her paycheck the week she returned, and again on the following paycheck so the employer needs to reimburse her for the second deduction and it's taking forever.

All I can suggest is that Jill speak to her HR representative and/or payroll to see if there's anyway to get this resolved sooner rather than later.

Not exactly. She is supposed to be reimbursed for all SIX days. Our HR is a joke, and payroll isn't helping. Yay for federal employment.

 

[cbg]

Yes, I agree that you EVENTUALLY answered them. However, if you had answered them the FIRST time they were asked, we could have avoided a lot of confusion. Instead, we were well on the second page before we had even a clue of what was going on.

The law is not going to force them to reimburse her for the time she was off unless, as I said, she has a LEGALLY BINDING AND ENFORCEABLE contract that GUARANTEES that she MUST be paid for it. If she believes that she has such a contract, she needs to show it to a local attorney. Otherwise, as already stated, she has no legal expectation under any law, Federal or state, to be paid for her leave of absence.

She does have to be paid for the time she worked. I already told you what to do for that time.

 

[Alexandra813]

Yes, I agree that you EVENTUALLY answered them. However, if you had answered them the FIRST time they were asked, we could have avoided a lot of confusion. Instead, we were well on the second page before we had even a clue of what was going on.

The law is not going to force them to reimburse her for the time she was off unless, as I said, she has a LEGALLY BINDING AND ENFORCEABLE contract that GUARANTEES that she MUST be paid for it. If she believes that she has such a contract, she needs to show it to a local attorney. Otherwise, as already stated, she has no legal expectation under any law, Federal or state, to be paid for her leave of absence.

She does have to be paid for the time she worked. I already told you what to do for that time.

I didn't eventually answer the questions. I answered them right after you asked them. And no one has even answered the ORIGINAL QUESTIONS. Which I have come to believe is because no one is really reading the whole post.
I don't appreciate being treated like I'm stupid. I answered your question, and then you asked it again. And even after I specifically stated more than once, NO SHE WAS NOT PAID, I still was asked if she was paid. Again, not reading whole posts.

 

[Beth3]

Hey - your posts were confusing as heck. I had to read them all twice to try and figure out what was going on and what Jill's problem actually was. Please lose the attitude.

As a government employee, I expect Jill has access to an internal appeals/grievance process. I suggest she send them somethiing in writing clearly stating what the situation is and requesting their assistance in expediting repayment.

 

[eerelations]

Okay -

Jill was not paid for the time she was off.

There is no law requiring Jill's employer to pay Jill for the time she was off.

Jill cannot legally force her employer to pay her for the time she was off.

Period.

(And before you ask, the above is true no matter how much leave Jill had accrued at the time of her absence - one minute, one hour, one day, one week, one month - it's completely irrelevant.)