Can an employer refuse leave requested by the employee?

Yes, the employer may refuse the employee a request to leave.

However, the employer must respect the treaty provisions that are applicable in the company.

The employer's refusal must not be abusive. This refusal may be justified, for example, by continuity of service or high activity in the company or exceptional circumstances.

In case of refusal by the employer of the dates proposed by the employee, the employee's leave must be taken on another date.

The employer must notify the employees of the company of the period of leave taken at least 2 months before the opening of this period.

The order of leave shall be communicated, by any accessible means, to all employees.

The dates and the order of departures on leave are fixed:

• Either by collective agreement, collective company agreement or branch agreement
• Or, in the absence of an agreement, after obtaining the opinion of Social and Economic Committee (ESC) if there is a CSE in the company.

Except in exceptional circumstances (for example, the company must face an exceptional order), the employer cannot modify order and departure dates less than one month before the scheduled departure date.

If the employer does not reply to a request for leave, the employee shall not commit any fault leaving if the employer was aware of the employee's leave dates and did not refuse. In this case, the absence of the employee does not constitute a abandonment of post.

The employee may ask the employer to take all or part of his Advance paid leave. However, the employer is not obliged to accept.