Is it legal for an employer to require that an employee pays for the wages of his substitute if the employee takes a day of Leave Without Pay

My employer will deduct from my check the wages of my replacement on
days where I take Leave Without Pay. Obviously, this will be done against my
will.

I am just wondering if this is legal, and if theres’s any way I can avoid this.

Thank you.

Asked on March 29, 2017 under Employment Labor Law, Utah

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

An employer may not make such a deduction without the employee's written consent. To do otherwise violates the law. At this point, you can contact your state's department of labor and/or consult directly with an employment law attorney. However, you may be charged for the cost of a substitute but your employer would have to work a payment arrangement with you or even sue you in small claims cost for reimbursement. You may also have additional recourse if this action violates an the terms of an employment contract or union agreement, or in some way constitutes some form of legally actionable discrimination. 


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