A Detained Employee's Job, Final Wages, PTO and Benefits in Utah, Arizona and Nevada

Attorney Answer

Treat three things separately: the absence, continued employment, and work authorization. Verify the absence through the worker or an authorized contact and apply the attendance and leave policy consistently. Detention alone does not prove the worker lacks authorization, but you may not permit work once you know authorization is absent (8 U.S.C. § 1324a(a)(2)). There is no federal job-protected leave for immigration detention: it is not among the FMLA qualifying reasons in 29 U.S.C. § 2612(a)(1), though a serious health condition of the worker or a family member can still qualify. Avoid an automatic 'job abandonment' call before reviewing the facts and the policy; in Utah unemployment law the written attendance policy drives whether a no-call absence is treated as a voluntary quit (Lanier v. Industrial Comm'n), and no Utah case addresses detention specifically.

Wages already earned must be paid whatever the worker's status; every circuit to decide the question allows unauthorized workers to recover wages for work actually performed (Lucas v. Jerusalem Cafe; Lamonica v. Safe Hurricane Shutters), and Hoffman Plastic is limited to NLRB backpay for work not performed. Final-pay timing: Utah - within 24 hours of separation; if wages are not paid within 24 hours of a written demand they continue as a penalty for up to 60 days, and the suit must be filed within 60 days of separation (Utah Code § 34-28-5(1)); the Labor Commission can separately assess a 5 percent daily penalty for up to 20 days (§ 34-28-9); resignation wages are due on the next regular payday. Arizona - discharge: within seven working days or the end of the next regular pay period, whichever is sooner; quit: by the regular payday for that period (A.R.S. § 23-353); unpaid amounts can be trebled after a final order goes unpaid ten days (§ 23-360). Nevada - discharge: immediately (NRS 608.020); quit: the earlier of the next regular payday or seven days (608.030); penalty wages start only if discharge wages go unpaid three days after they are due, capped at 30 days (608.040). Nevada's paid-leave statute (608.0197) covers only private employers with 50 or more Nevada employees, and payout of unused leave at separation is optional unless your policy says otherwise.

Review PTO payout under your own policy, benefit-plan terms, and COBRA: termination or a reduction in hours is a qualifying event (29 U.S.C. § 1163(2)) and the employer must notify the plan administrator within 30 days (§ 1166(a)(2)). Get the worker's authorization before discussing records with family.