There should be an existing internal policy pertaining to timekeeping and attendance particularly the filing of OB / Leaves. If at present you don't have any written policy on this then I dont think you can deduct from your employee. If the employee applies for OB/Leave on a later date and if that application was approved by the supervisor then that application is already authorized or accepted hence a refund is in order. You can put the supervisor liable since he/she approved the late application.
Law wise, maybe a deduction is authorized if the employee is a daily/hourly paid employee.