Legal Question in Employment Law in Pennsylvania

Deducting Health Insurance When Sick

My Employer has institued a policy of deducting the cost for insurance for employees when they call in sick. For example: If you are sick, even if you collapse at work and are taken away in an ambulance, you are deducted a pre-determined amout for every minute you are not at work. This amount was arrived at by determining the cost of the insurance per hour of work. My employer froze the amount the company will pay for health insurance in 2001. All increases have been assumed by the employees. My employers logic is that if you are not ''producing'', the company's not paying the cost of the insurance. When I asked him if this would be true if I collapsed at work and need to be taken to the hospital, he said ''I guess according to the rules...yes''

This just seems to non-compassionate to be legal. I would have to give up some of yesterday's pay for my illness today...not only do I not receive a pay for today...but I lose some of yesterday's pay...money I already earned.

There have been times that my health insurance has cost me $66.00 a week.

Please help!


Asked on 3/28/04, 9:48 pm

1 Answer from Attorneys
Thomas Martin Law Office of Thomas Martin

Re: Deducting Health Insurance When Sick

I believe that it would be illegal under both Pennsylvania and federal law to charge an employee for being out of work do to illness. The Pennsylvania Wage Payment and Collection Law prtovides a remedy for employees who are not paid wages they are entitled to. The law provides for a mandatory payment of counsel fees to a prevailing plaintiff as well as the possibility of liquidated damages where an employer does not act in good faith.

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Answered on 3/29/04, 8:53 am


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