Policy Manual sample
MDT Home Health Care Agency, Inc. GARNISHMENTS Reference: The Federal Consumer Credit Protection Act Fair Labor Standards Act POLICY: MDT Home Health Care Agency, Inc. will process attachments and garnishments presented fromany State or Federal court according to the established standard outlined in this policy. PROCEDURE: · The President or designee shall execute any attachment or garnishment and notify the Employee whose wages have been garnished in a timely manner. · Themaximumamount allowable under lawmust be deducted from the Employee’s paycheck. CORPORATE OFFICE PROCEDURE: The garnishment order must be copied front and back. The Company name, Employee name, and number must be written on the copy of the garnishment. When the garnishment has been processed through payroll, the original will be maintained at the Corporate Office in the payroll file. An accounts payable check must be remitted according to the terms of the garnishment. The garnishment will be answered no sooner than thirty (30) days and no later than forty- five (45) from the date it was served. (This is true even if no money was withheld). An answer to the garnishment must be completed on the answer form attached to the original garnishment. · The completed answer form along with the amount withheld, if any, must be sent to the court through which the garnishment is processed. · A photocopy of the answer and check for the amount withheld must be sent to the plaintiff or the plaintiff’s attorney. · A photocopy note of the answer should be retained for the Company file. The Federal Consumer Credit Protection Act limits the amount of disposable earnings which are subject to garnishment to the lesser of: 25% of the Employee’s weekly disposable earnings or The amount by which the Employee’s weekly disposable earnings exceed thirty (30) times the applicable minimum wage. When a garnishee is no longer employed: · The garnishment shall be held for no longer than thirty (30) days from the date it was served and mailed back to the court along with a statement, noting the date of the Employees’ termination and a forwarding address, if known. Home Health Agency. - - Personnel/Operations Policies B-118
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