- April 25, 2024
- Posted by: legaleseblogger
- Category: Related News
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## New Employment and Forced Leave
I recently joined the company in November and was forced to take annual leave during the Christmas shutdown period. I am quitting my job now and they have asked me to pay the negative balance of 5 days which was caused due to this forced leave.
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****** just grabbed a
I don’t think you can get out of it.
You were paid for those days off over Xmas.
Yes you have to
Yes, they can claw back negative leave.
I work in payroll. Usually there is written agreement that negative leave be recouped from employee if they exit before they can re-accrue their leave to a positive balance. Is it mentioned in your employment contract? Or did you have a separate agreement for the forced Xmas leave?
I hate the forced Xmas leave btw, I wish it were illegal
Edited to finish my thought: in every place I’ve worked at, without it being covered in employment contract or a separate a written agreement, negative leave at end of employment was not able to be deducted from employee’s pay
**Do they have a legal right to have you pay it back?** Yes.
**What can they do about it if you refuse?** Sue you.
**Would it show on your credit file?** No. Not unless they sue you, win, you refuse to pay, and they get an enforcement warrant of some kind.
**What’s the likelihood of them suing you?** This depends on a number of factors. Given the filing fee and efforts required, they may decide to cut their losses.
**Do you need this bridge, or are you happy to burn it?** if you took the course of action of not paying them back your bridge with that employer and your managers would be burned. Do you need them for references, finance applications, etc
I’ve actually tried to find where this forced Xmas leave originated from. I just find it out of step with our times. Not everyone celebrates Christmas and it’s an expensive time to travel. It’d be a different story if employees weren’t required to use up their own annual leave
Yes but agree to pay it back in installments, not as a lump sum, to lower the financial hardship on yourself
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At several of my workplaces, if you didn’t have the leave accrued, you took unpaid days.
You can’t withhold pay with out your consent. Say no. In writing.