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2512 George Mason Drive • P.O. Box 6038 Virginia Beach, Virginia 23456-0038   757.263.1000 • 757.263.1240 TDD

Policies and Regulations

School Board of the City of Virginia Beach
Regulation 4-36.2

PERSONNEL

Garnishments

A.  All employees are expected to discharge their financial obligations promptly so that creditors will not have to ask for the school division's assistance in collecting amounts owed to them.

B.  Whenever the school division is served with a Writ of Garnishment or Attachment, a Notice of Levy by the Internal Revenue Service or other taxing authority, or any other similar order requiring payment of a portion of an employee's compensation to someone other than the employee, the matter will be referred to the payroll clerk for appropriate action. Failure to act promptly may render the school division legally liable.

C.  In the event that garnishment or similar proceedings are instituted against an employee, the school division will deduct the required amount from the employee's paycheck. The amount deducted from the employee's disposable earnings will not exceed that permitted by law or the Virginia Department of Labor and Industry.

D.  Compliance with writs of garnishments and similar orders imposes an administrative and financial burden on the school division. In addition, the failure of an employee to meet his or her financial obligations does not reflect favorably on the school division and frequently has an adverse affect on the employee's job performance.

Whenever a supervisor has reason to believe that an employee is experiencing financial difficulties, the supervisor shall investigate the situation and, if circumstances require, will refer the employee to the central office for appropriate counseling.

E.  No employee will be terminated by reason of the fact that his or her earnings have been subject to garnishment for one indebtedness. However, such persons may be liable for disciplinary action. Garnishments for more than on e indebtedness may result in termination, depending upon the circumstances of the case, the employee's record of performance and the recommendation of his or her supervisor.

Regulatory Authority:

Code of Va., § 8.01-511. Institution of garnishment proceedings.

Code of Va., § 8.01-512.4. Notice of exemptions from garnishment.

Code of Va., § 8.01-512.5. Hearing on claim of exemption from garnishment.

Virginia Department of Labor and Industry, Regulations Establishing a Multiple of Federal Minimum Hourly Wage Relating to Garnishment of Wages. (Effective April 1, 1991.)

 

Approved by Superintendent:  January 18, 1994