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

UPDATED: Mar 29, 2017

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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

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


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

Answered 5 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. 

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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