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Can i deduct vacation and sick time paid to an employee

Can i deduct vacation...

Can i deduct vacation and sick time paid to an employee prior to earning it from their last paycheck in wisconsin?

Lawyer's Assistant: Are you hourly or salaried? How many hours do you work each week?

Hourly 36 hrs per week

Lawyer's Assistant: Have you talked to a WI lawyer about the wage-and-hour issue?

No

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6/29/2018
Christopher B, Esq.
Category: Employment Law
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Yes, but only if this is your written policy and the employee was informed that vacation and sick time used but not earned could be deducted when the employee leaves the company. See opinion letter from the U.S. Department of Labor on the issue: https://www.dol.gov/whd/opinion/FLSANA/2004/2004_10_06_17FLSA_NA_unearned_vacation.htm

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Customer reply replied 1 month ago
I know what the Federal law states I am specifically asking what rules apply in the state of Wisconsin

Wisconsin does not have an statutes specifically relating to this topic and follows the federal rule. You must have some type of written policy addressing that this deduction might occur at separation in order for the deduction to be lawful. The only statute close is deductions related to faulty workmanship, loss, theft or damage: see link: https://docs.legis.wisconsin.gov/statutes/statutes/103/455

This does not apply to your situation but just wanted to link it for your review. So yes, you can deduct if you meet these requirements in Wisconsin.

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Customer reply replied 1 month ago
thanks!

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Christopher B, Esq.
Category: Employment Law
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