Every employee in France is entitled to 2.5 days of paid leave per month worked, up to a maximum of 30 days per year. These leave days must be taken during a period set by the company, and no employee can take more than 4 consecutive weeks at once.
The official leave period can be set by a collective agreement, a sectoral agreement, or a company-level agreement. If none of these apply, the employer determines the period alone, potentially after consultation with the Social and Economic Committee (CSE) if one exists.
Employers can also close their business entirely for 12 to 24 consecutive working days, requiring all employees to use their paid leave during this shutdown period.
Employers can refuse leave if it jeopardizes business continuity. Some roles are essential for maintaining operations, and companies cannot allow too many key employees to be absent simultaneously.
Managing this requires careful planning, ensuring that at any given time, there are enough staff on duty to cover critical functions. If too many employees request leave for the same period, some requests will need to be denied.
In such cases, employers should apply a predefined priority order, which could be set by a collective agreement or established internally. Employees with children are often given priority during school holidays.
Leave requests can also be refused if they coincide with seasonal peaks in activity. For example, retail businesses during the holiday season or tourism operators in summer may need full staffing.
In such situations, the employer may propose alternative leave dates when the workload is lighter.
Employers may also refuse leave due to exceptional situations affecting the business. These can include major new contracts, replacing an absent employee, financial restructuring, or other operational crises that demand full staffing.
There is no fixed list of what qualifies as an "exceptional circumstance," but employers must ensure that any refusal is justified and necessary. If challenged, the employer must demonstrate that denying leave was essential to the company’s survival or critical operations.
Some types of leave cannot be denied, regardless of business needs:
Additionally, employers must allow simultaneous leave for employees who are married or in a civil partnership if they work for the same company.
Employers are free to refuse leave requests for valid business reasons, but they must follow legal procedures to remain compliant.
Employers are required to respond to all leave requests. If no response is given, and the employee can prove they submitted the request, the absence is considered approved. Employees can take the leave without disciplinary consequences.
If an employer legally refuses leave with a valid reason and proper notice, but the employee takes the leave anyway, this is considered unauthorized absence. This could lead to disciplinary action, including dismissal for serious misconduct.
If an employer refuses leave without a valid reason or without proper notice, employees can challenge the refusal at the Labour Court (Prud’hommes). Employers found to have acted unfairly can face fines up to €1,500 per employee, plus potential damages.
The employer must prove that they made reasonable efforts to allow the employee to take their leave and that refusal was the only option to ensure proper operations.
Following legal rules while managing leave for large teams can be challenging. Dedicated leave management software helps by automating request handling, ensuring clear communication, and tracking responses and approvals.
These tools allow employees to submit requests digitally and ensure managers respond promptly. They also automatically apply priority rules, warn of staffing gaps, and keep detailed records to prove compliance in case of audits or disputes.
With a transparent system in place, companies can reduce refusals, improve employee satisfaction, and avoid legal risks.