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Can Sick time be garnished?

Anadarko, OK |

I have a employee that her wages are being garnished and she was out for three weeks ill.

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Attorney answers 4

Posted

I wouldn't see why not. But, the answer is specific to state law. So, unless the employee's state specifically excepts sick time from garnishment (which I have never heard of), the paid sick time should be garnished. Sick time is compensation like anything else. If the company paid the employee sick time, and the employee was subject to a garnishment order, then the paid sick time should be garnished accordingly.

You should address this question up your company's chain of command or seek the advice of your company's counsel to clarify.

Posted

Yes, in OK up to 25% of your gross wages can be garnished (the other 75% is exempt). Sick time is usually calculated as income for purposes of your paycheck. Therefore, I do not see any reason why it would not be included in the calculation.

Posted

Yes. Sick pay is no different than any other form of payment - it should be garnished at the regular rate.

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Posted

Yes, it can.