Utah Admin. Code R477-9-6 - Employee Indebtedness to the State
(1) The state may
withhold non-overtime salary over the minimum federal wage from an employee indebted
to the state because of an action or performance in official duties.
(a) The state may withhold salary after:
(i) validating the debt and specifying a
legitimately owed amount through physical documentation or other evidence;
(ii) notifying the employee of the debt;
(iii) providing the employee with an opportunity
to:
(A) acknowledge the debt; and
(B) provide written authorization to withhold
salary;
(iv) notifying the
employee of this rule.
(b) The
state may withhold salary from the last paycheck of an employee separating from
state service.
(c) The state may
withhold salary from an employee's last paycheck preceding a period of leave without
pay for more than two pay periods.
(d)
The state may withhold an employee's salary to satisfy the following specific
obligations:
(i) travel advances where travel and
reimbursement for the travel has already occurred;
(ii) state credit card obligations where the
state's share of the obligation has been reimbursed to the employee but not paid to
the credit card company by the employee;
(iii) evidence that the employee negligently
caused loss or damage of state property;
(iv) payroll advance obligations that are signed
by the employee and that the Division of Finance authorizes;
(v) misappropriation of state assets for
unauthorized personal use or for personal financial gain, including reparation for
employee theft of state property or use of state property for personal financial
gain or benefit;
(vi) overpayment of
salary determined by evidence that an employee did not work the hours for which they
received salary or was not eligible for the benefits received and paid for by the
state;
(vii) excessive reimbursement of
funds from flexible reimbursement accounts; and
(viii) other obligations that satisfy the
requirements of Subsection
R477-9-5(1).
(2) This rule does not apply to state employee
obligations to other state agencies where the obligation was not caused by their
actions or performance as an employee.
Notes
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