Can an employer refuse paid leave requested by the employee?

Yes, the employer can refuse the employee a request to leave on leave.

However, the employer must comply with 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 strong activity in the company or exceptional circumstances.

If the employer refuses the dates proposed by the employee, the employee's leave must be taken on another date.

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

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

The dates and order of leave departures shall be fixed:

• Either by collective agreement, company collective agreement or branch agreement
• Either, in the absence of an agreement or agreement, after notice of social and economic committee (CSE) if there is a CSE in the company.

The employer cannot change the order and departure dates less than one month before the scheduled departure date.

In the absence of a response from the employer following a request for leave, the employee does not commit misconduct if the employer was aware of the dates of the employee's leave and did not refuse. In this case, the absence of the employee does not constitute abandonment of position.

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