Q: Two employees have taken a full year of holidays in the first three months of the year. They did not seek my permission to do so. Can I deduct a percentage from their wage until their holidays have been caught up on?
Apr 27 2011
Answered by: Peter Done Ask a question
Attempting to deduct money would cause unnecessary administrative burden and runs the risk of being deemed an unlawful deduction of wages.
As long as the employees are not in their first year of employment, they do not have to accrue holidays before they take them. In the fullness of your business’ holiday year, the employees will have taken and been paid for their full amount of holidays, which they are entitled to. If the employees leave before the end of the holiday year and you have the appropriate clause in their contracts, you can claw back money for the holidays they have taken but not accrued.
You should address the fact that you do not have robust procedures in place to deal with the taking of holidays to prevent the problem reoccurring.
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