Legal Question in Employment Law in Minnesota

Is it legal for a public school to require it's hourly paid employees to pay for a substitute in the event that the employee needs to take a day/days off unpaid? I am a Para Professional. Para's at my school do not have paid vacation days and due to life's unpredictability may need to take a day off without pay. That obviously means the school is not compensating the Para for that time, but wants to require that the Para pay out of his/her own pocket to pay the wages of the substitute who would be filling in for them. Who would be responsible for paying the State/ Federal taxes, Social Security, or the public employees retirement benefits? How can this be legal?

Asked on 12/29/09, 8:07 am

David Anderson Anderson Business Law LLC

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Aren't you covered by your Collective Bargaining Agreement with Education Minnesota?

{f/k/a MEA?]

Your contract would certainly cover this.

Have you asked them for the contractual basis for this obligation?

Call or email for assistance.

Answered on 1/03/10, 1:12 pm

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