overpayment deduction

[abas1984]

i was on maternity leave and was covered by short term disabil for 5 weeks worth of pay. my 5 weeks ended 3 weeks ago and i returned to work. i just got my first check since being back and $302 was deducted from my check for an overpayment of my disabil benefits. i was never notified or told of this overpayment and the only way i found out was by looking at my stub and contacting HR, and they didnt know what posttax disabil on the line items meant. is it legal for them to take the money without notification? please answer and help that 302 puts me in a real bad spot with my new 8 week old son. thanks

 

[Antigone]

i was on maternity leave and was covered by short term disabil for 5 weeks worth of pay. my 5 weeks ended 3 weeks ago and i returned to work. i just got my first check since being back and $302 was deducted from my check for an overpayment of my disabil benefits. i was never notified or told of this overpayment and the only way i found out was by looking at my stub and contacting HR, and they didnt know what posttax disabil on the line items meant. is it legal for them to take the money without notification? please answer and help that 302 puts me in a real bad spot with my new 8 week old son. thanks

Did you notice that you had been overpaid? What did your payroll dept tell you when you spoke to them?

 

[abas1984]

no i did not. i was supposed to be on leave for 6 weeks and receive 3 checks. all 3 checks were the same amount and everything looked fine to me. they never notified me of the overpayment in any way! and i have not spoken to them. they just told me it was an overpayment.

 

[mightymoose]

To answer your question, no, they do not have to give you any notice. You received the checks and the pay stubs and it would have been your responsibility to notice the overpayment (which I understand may have been difficult).
Just be sure that they document where the overpayment was at and how it occurred. If you find that they are wrong and that there was no overpayment, only then is the deduction a problem.
It is frustrating and leaves you in a jam- but no notice is required.

If you are of low income then there is state assistance available for you and your infant.

 

[abas1984]

thanks for the reply. with the research i did, the wages protection act states that written notice has to be sent out unless it has been agreed upon by both parties. what i read stated that overpayment made by mistake of the employer any repayment from employee needs to be sent to them via written notice. is that incorrect?

 

[mightymoose]

I'm not sure that you are quoting an applicable law.

After reading your post again I see that you had actually returned to work and the check the amount was deducted from was for your hours worked that pay period-

With that in mind, the deduction depends on whether you are exempt or non-exempt status. If you are non-exempt, then the deduction can still be made so long as the amount deducted does not put you below minimum wage for the pay period. If you are exempt, then a written consent is needed. It is possible that you could have signed something at the time of hire that gave consent, but if you made a stink about it they would probably have to get a new consent for it to be valid.

So- are you exempt or non-exempt? Did the deduction put you under minimum wage (gross pay) for your hours worked?

 

[Patricia_Young]

What mightymoose said. Can you cite the law? And the questions he asked are critical.