What is the employer’s response time for leave requests?

Published on
October 26, 2023
What is the employer’s response time for leave requests?

The employer’s obligation to approve leave requests

Paid leave is a right for all employees in France, in place since 1936. While each employee is entitled to five weeks of paid leave per year, every absence must first be formally requested and approved by the employer. Even when using absence management software, employers must still validate each leave request.

Employers are required to inform employees about the leave period at least two months in advance. This official period can be defined by the employer directly, through consultation with the Social and Economic Committee (CSE), or based on a collective agreement.

If only one employee is affected, the employer must confirm the leave order at least one month before the start of the period. Employees must also submit their leave requests in advance, allowing time for planning coverage and minimising disruption to operations. Each approved request must be forwarded to payroll for proper accounting.

Employee obligation to submit requests in advance

Employees are generally expected to submit their leave requests at least one month before the intended departure date. This notice period can be extended by the employer, particularly for summer holidays or other peak periods that require more complex planning.

When companies use leave management software, employees can submit requests directly from their computer or smartphone. This streamlines communication and usually speeds up the approval process.

Leave validation and changes by the employer

Employers have the right to modify leave dates, without needing to justify the decision. According to the Labour Code, any changes must be communicated at least one month before the start of the leave. This deadline can be shortened only in exceptional cases where business continuity is at risk.

Ultimately, the employer has the final say on leave approval. However, in practice, only about 2% of leave requests are denied. Most companies handle approvals within reasonable timeframes.

Although there is no legal deadline for the employer to respond to a leave request, the employee is still allowed to proceed with their leave if they have submitted the request in due time and kept the employer informed. In the event of a dispute, it is the employee’s responsibility to prove they submitted their request sufficiently in advance. By default, a leave request is considered accepted if the employer remains silent.

Special leave for family events or emergencies

Certain types of leave, such as those for family events (marriage, bereavement, child illness), cannot be refused by the employer. Employees must still submit a request, but these leave periods are guaranteed.

The employee must provide proof, such as a marriage certificate, death certificate, or medical note, to justify the absence.

Compensatory time off

Employees who have worked overtime may be entitled to compensatory time off instead of receiving additional pay. The request for this type of leave follows the same process as regular paid leave.

The absence should not disrupt operations, so the employee should respect the standard notice period. The employer can also refuse the request if operational needs justify it.

How to submit a leave request within the notice period

Employees have several options for submitting leave requests, depending on company procedures:

  • completing a paper request form and submitting it for approval;
  • sending an email to the manager or HR team;
  • submitting the request through dedicated leave management software.

The first two methods are slower, as they require manual processing and often lead to longer response times. The request must pass through the manager for approval and then be forwarded to payroll.

The third option, using leave management software, is much faster. The system notifies the manager in real time when a new request is submitted. Once approved, the dates are automatically updated in the system and recorded in payroll files. This ensures faster processing and reduces administrative workload.