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Is it ok to deduct from a salaried employee's pay if they…

Is it ok to deduct...
Is it ok to deduct from a salaried employee's pay if they take the day off and don't have any accrued PTO remaining? Or are we required to "borrow" PTO against future accruals?
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Answered in 5 minutes by:
10/11/2017
Legal Eagle
Legal Eagle, Lawyer
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Customer reply replied 4 months ago
Hi

Thanks for your patience. Generally, an employer cannot deduct from an employee's salary unless the employee has consented to certain deductions (e.g. health insurance, stock options, etc.) or if it is required by law (e.g. payroll taxes, social security tax, etc.). If the employment policy is such that an employee's pay may be deducted if they take time off but have no PTO, then it is okay. Otherwise, the law will strictly prohibit this activity. Also, the agreement is going to dictate whether an employee can "borrow" against future POT accruals. Regardless, unless the employee agreed to the pay deduction, then the employer cannot do such a thing.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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Customer reply replied 4 months ago
What if the employee specifically states that she agrees for us to deduct exactly one day of pay from her paycheck?

If they agree, then that isn't going to be a problem. An employee can agree to have things deducted that aren't federally mandated like social security taxes. However, I would recommend getting it in writing so the employee doesn't file a wage claim with the state.

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Customer reply replied 4 months ago
Thank for your time

You bet. Best of luck.

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Legal Eagle
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