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TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4430
Experience:  Contracts, Wrongful termination and discrimination
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my employer wants me to pay them earned comp time back for

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my employer wants me to pay them earned comp time back for time off, is this legal?

Thank you for your question.

Earned compensatory time off is a perk that you have earned as part of your job. However, often it is a job perk for which you must qualify.

What is happening that is causing them to request that you repay the comp time? Are you leaving the job?

Customer: replied 3 years ago.

not leaving the job, been there 11years. This is a new deal with the new team running the show. What this is, is a school bus driving job, to get time off other than sick or funeral, they are requiring us to use our earned comp time. The comp time is a contractual item, two days per year. They not only get our comp time back, by doing so they also have the money in the comp time to pay another driver to fill in for you. Its a win, win for the bus garage and nothing for the driver who wants off.

Thank you for your response.

If you have a contractual right to compensatory time off, and the contract is still valid and enforceable, then it is not legal for your employer to be charging you to take time off.

Since they are doing this, you should contact the State Department of Labor and Industry to file a wage claim. Essentially, they are making wrongful deductions from your paycheck. See:

Let me know if you want to talk more about this.

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