Can my employer deduct from my paycheck for sick days?

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Can my employer deduct from my paycheck for sick days?

I was hired as an independent contractor. The company I work for is a distribution company and I am a contract driver. If I have to take a day off for sickness, then the next paycheck I get for work I already have done for the prior 2 weeks will be deducted by $30. The company has this in the employee handbook for employee’s but again I was hired as an independent. I need to know if they can legally do this.

Asked on December 30, 2011 under Employment Labor Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are employed as an independent contractor as you state, then you should only get paid for the actual hours that you work. So, if you fail to work a certain day due to illness or some other reason, you should not be paid for work that you did not do.

If the person or company that you are working for actually deducts money from your paycheck for actual hours work because you failed to work a certain day due to illness as a penalty to you, then that is improper and you should be paid for the days worked and not paid for days that you did not work.


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