If an employee has consumed more than their pro-rated GPCL entitlement, what should the employer do?

Question

Accepted Answer

The appropriate action depends on the specific scenario. The examples below are based on an employee with a pro-rated entitlement of 5 days of GPCL.

For the first employer:

Scenario	Recommended action
Employee has taken 5 days of GPCL, in line with their pro-rated entitlement	Employer may submit a claim for Government reimbursement in accordance with the employee's statutory pro-rated entitlement (i.e. reimbursement for the 4th and 5th day of GPCL, capped at $500 per day)
Employee has taken all 6 days; claim not yet submitted	Employer may submit a claim for reimbursement for the 4th and 5th day of GPCL only, and may recover the excess payment for the 6th day from the employee
Employee has taken all 6 days; claim already submitted for the 4th to 6th days	Employer must return the Government's reimbursement for the excess day (i.e. the 6th day). Employer may then recover the excess payment from the employee, but only if the reimbursement has been returned to the Government

For the second employer:

The second employer may only claim reimbursement for the remaining GPCL days that have not already been claimed by the first employer.
If leave has been over-granted, the second employer may recover the excess from the employee using any of the recovery methods listed below.

Methods of recovery:

Employers may recover excess leave payments through any of the following:

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