What is the name of your state (only U.S. law)? Virginia
I left my company with a negative leave balance of 46 hours. Almost all of this occurred in partial-day increments, not full day increments. I was a salaried/exempt employee. I signed an agreement when I was hired saying that the negative leave hours would be taken out of my last paycheck.
However I am now researching this and it appears that DOL laws prohibit them from taking money out of my paycheck if the leave was taken in partial-day increments. For instance:
Deducting Negative Leave Balances From Exempt Employees' Last Paycheck
>>
The agency's response did not make a clear distinction between partial and full days of absence. First, DOL addressed
regulatory requirements and permissive deductions associated with full-day absences and reductions to a leave bank,
including maintaining negative balances, so long as the employee received the full salary "where the employee's absence
is for less than a full day." The opinion letter concluded that for termination weeks, the regulations do "not allow
for deductions for the last week's pay for amounts which the employee may owe ... for advanced leave"
>>
I am curious to see if people think their deduction from my last paycheck was lawful.
I did sign that agreement, so I may have signed my life away. I'm just not sure if that overwhelms what the Department of Labor thinks.
I left my company with a negative leave balance of 46 hours. Almost all of this occurred in partial-day increments, not full day increments. I was a salaried/exempt employee. I signed an agreement when I was hired saying that the negative leave hours would be taken out of my last paycheck.
However I am now researching this and it appears that DOL laws prohibit them from taking money out of my paycheck if the leave was taken in partial-day increments. For instance:
Deducting Negative Leave Balances From Exempt Employees' Last Paycheck
>>
The agency's response did not make a clear distinction between partial and full days of absence. First, DOL addressed
regulatory requirements and permissive deductions associated with full-day absences and reductions to a leave bank,
including maintaining negative balances, so long as the employee received the full salary "where the employee's absence
is for less than a full day." The opinion letter concluded that for termination weeks, the regulations do "not allow
for deductions for the last week's pay for amounts which the employee may owe ... for advanced leave"
>>
I am curious to see if people think their deduction from my last paycheck was lawful.
I did sign that agreement, so I may have signed my life away. I'm just not sure if that overwhelms what the Department of Labor thinks.
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