Can my HMO take my whole paycheck after I return to work following maternity leave?

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Can my HMO take my whole paycheck after I return to work following maternity leave?

I was on maternity leave for 6 weeks when I returned to work. When I got my first regular paycheck from being back full-time they took my whole check; it was taken from HMO. Can they do that? I don’t know why my HMO took that much and won’t find out from my employer until Monday. I thought by law your whole check can’t be taken, is that true? Is there anything that I can do?

Asked on February 19, 2011 under Employment Labor Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Ok so really you need to know what is going on here.  I think that we are assuming that it is a garnishment of your paycheck, correct?  Then yes, you are correct that generally speaking the law does not allow garnishment for more than a certain amount in order to allow a person to "live" off of their earnings.  In Illinois it is the following:

The maximum part of an individual's disposable earnings for the work week that can be garnished is the greater of:

1. 15% of the disposable earnings; or

2. 45 times the amounts stated in section 4 of the state's Minimum Wage Act.

You really need to find out what is going on and how yo can clear it up.  Good luck to you.


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