Is an employer allowed to require payroll deduction for childcare costs?
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Is an employer allowed to require payroll deduction for childcare costs?
I work for a company that also does childcare. The childcare is not a benefit to employees but if employees qualify through the state subsidy program and their enrollment guidelines, their children can attend this childcare, as well as children from the community. If an employee is accessing this childcare, is it legal for the employer to require childcare payments be made via payroll deduction?
Asked on June 19, 2018 under Employment Labor Law, Maine
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Yes, its perfectly legal. You have to start from recognizing that employers are NOT required to provide childcare at all: it is 100% voluntary for employers to provide employees with childcare. It being voluntary for them to provide childcare and/or to allow employees to make use of childcare otherwise provided (e.g for the community), the employer is free to require employees to pay for the childcare via payroll deductions. If you don't want that to happen, you can, of course, not use the childcare.
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