Section 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.Utah Admin. Code R477-9-6
Amended by Utah State Bulletin Number 2018-14, effective 7/1/2018Amended by Utah State Bulletin Number 2019-14, effective 7/1/2019Amended by Utah State Bulletin Number 2020-13, effective 7/1/2020Amended by Utah State Bulletin Number 2021-14, effective 7/1/2021Amended by Utah State Bulletin Number 2022-13, effective 7/1/2022