Common use of Return of Overpayment Clause in Contracts

Return of Overpayment. If an employee has taken more annual leave than the employee has earned, when the services of the employee are terminated for any reason, the salary overpayment resulting from the use of the unearned annual leave may be deducted from the employee’s outstanding earnings and the parties agree that the authorization for such a deduction shall be deemed to have been provided to the Employer by the employee, pursuant to the Employment Standards Act.

Return of Overpayment. If an employee has taken more annual leave than the such employee has earned, earned at the time when the employee’s services of the employee are terminated for any reasona reason other than lay-off or death, the salary overpayment resulting from the use of the unearned annual leave may shall be deducted recovered from the employee’s outstanding earnings and the parties agree that the authorization for such a deduction shall be deemed to have been provided to the Employer employee by the employee, pursuant to the Employment Standards ActEmployer.