Can an employer charge taxes for days that were not worked?

UPDATED: Jan 2, 2012

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Can an employer charge taxes for days that were not worked?

My dad went on vacation (unpaid); his employer does not provide any paid vacations or sick days, etc. When he returned the employer wanted to charge taxes on days that he did not work.

Asked on January 2, 2012 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It's not so much that taxes may be charged on days not worked, but that the employee portion of taxes--e.g. FICA--is withheld based on the total amount of money earned, whether it was earned in, for example, one day or five. If you father was charged more taxes than he should have paid, based on his earnings for that payroll period, then at best this was an error--possibly it's fraud. In any event, your father should get the excess back. So you need to compare taxes paid vs. earnings to see if he paid the correct amount or not.

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