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View Full Version : FMLA can they still hold out garnishments while on this?


kskitten
09-27-2004, 05:02 PM
I am getting ready to go out on FMLA for a surgery and will be off for at least 4 weeks. Does anyone know if they can still hold out garnishments from your check while you are being paid through FMLA? My workplace says yes but I found while looking up bankruptcy things a law that states that if you are off work for an illness for over 2 weeks that garnishments have to stop until you have been back to work for 2 months. Does anyone else know anything about this?

LConnell
09-27-2004, 08:09 PM
Wage garnishments are regulated mostly by state law. For a summary of the federal wage garnishment law, you can refer to the following website: http://www.dol.gov/esa/regs/compliance/whd/whdfs30.htm

As may be seen, there is nothing in the federal law that prohibits garnishments from sick pay. However, your state may have an additional law that protects those on leave.

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