Legal Question in Business Law in Florida

I contribute to a dependent care flexible spending account through my employer. I have access to view the account and all transactions. I recently submitted a claim for over $3000. I know that I can only be reimbursed for up to what I have put into it. I noticed that the account only showed my payroll deductions deposited up to 6/15/10. It is Sept 2 today and we've had 5 paychecks since 6/15/10 but I don't see where my payroll deductions have been deposited. I emailed our payroll person and questioned how long it took for a deduction to actually get deposited, she didn't answer. Another coworker of mine who handles minor HR/Payroll issues at my office called the payroll administrator and inquired for me . SHe was told there was a problem with the FSA deductions for all employees but they don't know what it is. Basically was told to just suck it up and wait. How long can they continue to deduct this money from my account and not deposit it into the FSA?


Asked on 9/02/10, 7:23 am

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

The funds must be promptly deposited. They can't hold your money.

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Answered on 9/12/10, 10:52 am


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