Are employers allowed to make deductions from an employee’s wages for unauthorised absences?

Generally speaking, employers in Virginia are not allowed to make deductions from an employee’s wages for unauthorised absences. The Virginia Code states that, “No employer shall make any deductions from the wages of his employees except as authorized by law.” This includes deductions for unauthorised absences, except in certain circumstances. For example, employers may make deductions to cover the cost of damage or loss caused by the employee. Additionally, if the employee has provided written consent, deductions may also be made for vacation, sick, bonus, or other paid leave, or for health, welfare, pensions, or other benefit plans. However, employers should be careful when deducting from an employee’s pay for any reason. For example, employers should make sure that any such deductions are reasonable and comply with the Virginia Wage Payment Act. Additionally, any deductions must not reduce an employee’s pay below the minimum wage or be made for any other unlawful purpose. It is also important for employers to remember that, in some cases, unauthorised absences may be considered “constructive dismissal.” This means that the employer may be liable for any losses or expenses the employee experiences as a result of such absences, including any lost wages. In conclusion, Virginia employers may not make deductions from an employee’s wages for unauthorised absences. Employers should also be careful about making any deductions at all, as there are many legal guidelines for doing so. Additionally, employers should be aware of the possibility of constructive dismissal when dealing with unauthorised absences.

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Are employers allowed to make deductions from an employee’s wages for unauthorised absences?

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