California Employment Law
California Employment Law Questions Answered by Legal Experts
Thank you for your quick response. I am an hourly worker. I was on doctor recommended medical leave from 3/7/2013 - 4/1/2013. I received 2 full paychecks during my leave and another regular paycheck on 4/12/13 after I returned fro leave.
This past Friday, I checked my paycheck stub (I noticed I was not notified of my direct deposit - this entire pay period I was back from leave) and saw that my stub showed a balance of -$500. I contacted our HR department and they explained to me that they are deducting the assumed amount of CA State Disability I should have received. They are looking into when my paychecks should be positive again.
I have not received anything from CA SDI, I was just informed that my doctor did not complete a form they require to process my claim.
Is my employer justified to subtract an "assumed" amount of SDI from my paycheck leaving me with a negative balance on my pay stub?
I'm not exactly sure, it was not itemized as vacation or sick leave. I did not submit a time card while I was out on leave.
I filed my claim with Liberty Mutual which was for short term disability and my claim was approved. They requested the information from my car accident and the at fault driver's insurance company to seek reimbursement. I do not know why I was paid for the days I missed work.
Thank you, XXXXX XXXXX argument is that they are deducting the amount they anticipated from California State disability. Do they have the right to tell me too bad your claim hasn't been processed with SDI?
Just to clarify, they cannot deduct wages for anticipated SDI?
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