Leave request order: what you need to know

Complying with employee leave rights

Managing leave requests in a company requires following specific legal rules while ensuring fair treatment between employees and maintaining operational continuity. Determining a clear priority order is crucial, especially during peak holiday periods.

Leave periods

Employers must inform employees about the official leave period at least two months in advance. This period can be:

• set unilaterally by the employer;
• defined by a company or branch agreement;
• determined after consulting the Social and Economic Committee (CSE).

Employers can also impose a company-wide closure during which employees must take their leave.

Refusing or postponing leave

An employer may refuse or postpone leave in certain situations:

• exceptional business needs;
• maintaining essential services;
• temporary peak in activity.

The refusal must be justified and communicated at least one month before the planned leave. However, some types of leave (such as parental leave or bereavement leave) cannot be refused or postponed.

Who sets the leave order?

The order of leave departures is usually decided at the same time as the official leave period. It can be:

• set by a collective agreement;
• decided by the employer, possibly after consulting the CSE.

Defining clear and transparent rules in advance helps avoid conflicts and ensures fair planning within the team.

Criteria for prioritising leave

Family situation

Family circumstances are the first criteria used to set leave priorities:

• married employees and those in a civil partnership (PACS) have priority over single employees;
• employees with dependent children, disabled family members, or elderly relatives needing care are prioritised, especially during school holidays;
• if two spouses work for the same company, they must be allowed to take leave at the same time if requested.

Seniority

Employees with more seniority within the company generally have priority when multiple leave requests overlap.

Multiple employment

If an employee works for more than one employer, their leave should be coordinated across all employers. This requires cooperation between companies to avoid conflicts and ensure smooth leave planning.

Optional criteria

Alongside legal criteria, companies or collective agreements can also define additional rules to ensure fairness:

• priority for employees whose leave was refused the previous year;
• consideration of custody arrangements in cases of shared custody;
• prioritisation for employees whose children are in school, especially during holidays;
• preference for employees whose spouse’s employer imposes a mandatory leave period.

Informing employees about leave rules

Once the leave order is set, companies must notify employees at least one month before the leave period starts. This information can be shared through:

• a noticeboard;
• an internal memo;
• email communication;
• the company intranet.

Penalties for non-compliance

Failing to inform employees about the leave order can result in fines of up to €1,500 per affected employee, increasing to €3,000 per employee in case of repeated violations.

Employees may also claim compensation if they were unable to take their leave as planned due to lack of proper communication. In case of dispute, the employer must provide proof that they followed the required communication processes.

Practical management of leave conflicts

Even with clear rules, conflicts can arise when multiple employees request leave for the same period.

Applying priority rules

When employees cannot agree and meet similar priority criteria, age may be the deciding factor, with the oldest employee being prioritised.

Using leave management software

A dedicated leave management tool helps simplify the process by giving employees greater autonomy in planning their leave. It also provides HR teams with clear visibility and ensures fair application of all rules.

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