Is an employer allowed to require payroll deduction for childcare costs?

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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