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If employee has consumed more than their pro-rated entitlement for Government-Paid Childcare Leave (GPCL), what should the employer do?


Updated by MSF 5 found this helpful

The approach depends on the specific scenario. Please refer to the table below for an example of employee who is entitled to 5 days of pro-rated entitlement for GPCL:

For 1st Employer

Scenario

Possible actions for 1st Employer

Employee leaving/left:

  • Has taken 5 days of GPCL in accordance with Employee’s statutory pro-rated entitlement

  • Employer may submit claims for Government’s reimbursement in accordance with Employee’s statutory pro-rated entitlement (i.e. Government will reimburse for the 4th and 5th day of the GPCL, capped at $500 per day or a total of $1,500 in any calendar year)

Employee leaving/left

  • Has taken all 6 days

  • Claim not submitted

  • Employer may submit claims for Government’s reimbursement in accordance with Employee’s statutory pro-rated entitlement (i.e. for the 4th and 5th day of the GPCL)

 

  • Employer may recover excess payment (i.e. for the 6th day of the GPCL) from Employee.

Employee leaving/left

  • Has taken all 6 days

  • Claim submitted for reimbursement of the 4th to 6th days of GPCL (i.e. 3 days of GPCL).

  • Employer to return Government’s reimbursement for any excess GPCL claimed beyond the statutory pro-rated entitlement (i.e. for the 6th day of the GPCL).

 

  • Employer may recover excess payment (i.e. for the 6th day of the GPCL) from Employee. (No recovery is allowed unless reimbursement is being returned to the Government.)

 

For 2nd Employer

  • Can only claim remaining days after 1st employer's claim

  • May also recover excess leave from employee if over-granted

 

Recovery Methods

  1. Recover from salary

  2. Offset by annual leave

  3. Offset by unpaid leave

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