Overpayments/Underpayments to employees, improper deductions of leave, and employee debts Sample Clauses

Overpayments/Underpayments to employees, improper deductions of leave, and employee debts. A. Recovery of overpayment to employee or employee debt to County. 1. When the Employer overpays a bargaining unit employee, the Employer may deduct money from the employee’s pay to recover the overpayment. The Employer must give the employee notice and an opportunity to respond before deducting the amount of the overpayment from the employee’s pay. 2. The Employer may set off a debt that a bargaining unit employee owes to the County and deduct the amount owed from unpaid salary, accrued annual leave or compensatory time, or retirement contributions owed to the employee. 3. When deducting money from an employee’s paycheck to recover an overpayment or to set off a debt, the Employer must not deduct more than twenty percent (20%) of the employee’s disposable pay from any one pay check. This limitation does not apply when the employee leaves County employment. 4. A bargaining unit employee may file a grievance under Article 38 over a deduction to recover an overpayment or a debt from the employee. B. Correcting underpayments to employees and improper deduction of leave. 1. If the Employer fails to pay a bargaining unit employee any amount that the employee is owed or improperly deducts leave from the employee’s leave balance, the Employer shall pay the employee the amount owed or adjust the employee’s leave balance within a reasonable period of time following receipt of proof of the underpayment or improper deduction of leave, but no later than when the employee receives his/her next pay check. This subsection applies only when the issue is undisputed. 2. A bargaining unit employee may file a grievance under Article 38 over either: (1) the Employer’s failure or refusal to remedy an underpayment or adjust a leave balance; or (2) the Employer’s failure or refusal to remedy an underpayment or adjust a leave balance in a timely manner.
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