What are the rules for repaying excess vacation days received?

Questioner

I recently left my previous employer and have now received a final statement from them stating that I have to pay back my vacation days. However, the employer approved the days at the time and did not inform me of the hours being too short. If I had known this I would have looked for another solution. Is this now my responsibility and do I have to pay back the days or was this the employer's responsibility?

Lawyer

When you leave an employer's service, the employer makes a final settlement of all items yet to be settled that he reimburses and/or has to settle with the employee. If you were entitled to more days according to your contract and collective labor agreement, your employer should have reimbursed these. He has no obligation to point out to you that you have taken too many days, that is a part of the employee's own responsibility.

Questioner

Hi Johan, Thank you for your answer. So this means that I have to pay back the amount for these days to the employer?

Lawyer

Let me try to clarify this with a simple example. Suppose you are entitled to 24 days each year. You have taken 18 days from January to August and leave the company on 31 August. Then the employer may simply offset these 2 days in the final settlement. see Civil Code art. 7A:1638ii BW (old) and art. ... 7:632 BW.