Who is responsible for overpaid salary?

Questioner

I have been using parental leave for a long time. I have adjusted this several times over the years via my employer. Because I have 2 children, this lasted quite a while. In May of this year, I accidentally discovered that my right to parental leave had already expired in September 2020 and that my employer has been paying me full-time since then, even though I account for my hours every week and neatly state that I am using parental leave. My employer told me that this is my responsibility and that I have to pay back the amount that was overpaid through bonuses/overtime or something similar. Because my contract does not pay overtime, this option no longer applies to me. When I indicated that in the past I had received a signal from the payroll administration if there was something wrong with parental leave (this has happened to me several times over the years), I was told that this was a goodwill gesture and that they had stopped doing so. I did not receive any signal that my contract had changed, that parental leave was over. However, I did neglect to notice the change in salary. Also, at the start of my last period of parental leave, an email was sent to me with confirmation in which the end date was also stated in the attachment. Unfortunately, I never saw this. Other than this letter, there was no way for me to verify how much parental leave I had left. My mistake was assuming that HR/Payroll would notify me if it changed. I believe that there is such a thing as a reasonable period and I do not feel it is my responsibility that this has continued for 2 years. What are my rights/obligations in this case?

Lawyer

If I understand correctly, you have been paid full-time for 2 years but worked part-time and now your employer wants to reclaim the excess payment. In principle, it is the employer's responsibility to keep proper records. That does not seem to be the case now, because you were able to work less for 2 years and still be paid in full. Your employer may discuss with you the reasonableness of the overpaid salary and agree on a reasonable refund. In such a situation, I think it would be good to discuss this further with each other and to seek help so that you are not forced to do things that are not reasonable. You can contact me without obligation via boksjuristen.nl. Good luck in any case.