Leave Pay Enquiry and my rights
I received my retrenchment settlement offer last week. It stated that my duties would end on the 30 November (at their request, not mine) My October payslip stated that I have 25.25 days due to me. I believe that I am only entitled to 21 days. However, they are only paying me out 9,75 days. They have added 1.75 days leave for November and 1.75 for December = total of 28,75 days leave. They say the reasoning for only paying me 9.75 days is as follows: You will note we have worked on the 25.25 days(excluding November and December) and not the 21 days it should’ve been. You should have only had 2 days leave paid out if we applied the 21 days limit to the below. We have factored in that you will take the 3 days compulsory leave in December, as well as leave for the remainder of December(16 days). They are taking off a total of 19 days leave for December. My question is: Can they deduct leave even though I will no longer be working for the company? December is going to be my notice period.
Hello. Apologies for delay.An employer cannot force you to take leave during a notice period. Consequently they cannot calculate your dues on an assumption that you will take leave. Tell them you will serve out your notice period, and request a recalculation.