4 tips for refusing the leave request

As an employer, you cannot simply refuse a holiday request. In principle, you determine the holiday according to the employee's wishes. Refusal is only permitted if you in writing and with reasons within two weeks and can invoke weighty grounds: the requested holiday would seriously disrupt your business operations. If you do not respond in time, the holiday is set as requested by the employee. Below, you will read in four concrete steps how to legally refuse a leave request and which mistakes you should avoid.

Can an employer refuse a holiday request?

Employees are entitled to vacation and, in principle, may decide for themselves when to take it. As an employer, you therefore determine the timing of the vacation according to the employee's wishes. You may only reject a request if there are compelling reasons for doing so: granting the request would seriously disrupt your business operations. That is a strict standard. The interests of your company must carry such weight that the interests of the employee must reasonably yield to them.

A busy period or simply preferring not to see an employee leave is therefore not enough. Think instead of an indispensable force during a peak period for which no replacement can be arranged, or a situation where the entire customer service team would be away at the same time. After all, it cannot be the intention for your entire customer service team to be simultaneously on the Costa del Sol; your customers would not be laughing about that.

What are weighty reasons?

Substantial reasons exist if granting the holiday would lead to a serious disruption of your business operations. The law deliberately sets the bar high: the basic principle remains that the employee decides when to take holiday. A few examples that can provide guidance in practice:

• An indispensable specialist who drops out during a fixed peak period and cannot be replaced.
• Too many employees with the same key function who would be away at the same time, causing work to come to a standstill.
• An agreed, firm deadline or project for which the employee's presence is crucial.

Important: even for compelling reasons, you may only change a holiday once it has been scheduled after consultation with the employee, and you must compensate the employee for any damages suffered as a result. Changing a holiday is therefore not a free pass; handle this with care.

Step 1: respond in writing within two weeks

Do you want to refuse a leave request? Then you must act quickly. You have two weeks to respond to a written holiday request. If you do not do so within that period, the holiday is deemed to have been granted as requested by the employee. In that case, doing nothing implies consent.

Therefore, always respond in writing and keep a copy. If it concerns extra-statutory vacation days, a collective labor agreement or employment contract contain deviating agreements regarding terms and conditions. Therefore, always check first which regulation applies to your employee.

Step 2: Provide good reasons for the refusal

A refusal is only legally valid if you cite weighty reasons. Let there be no misunderstanding regarding this: the assessment is strict. You must concretely demonstrate why granting the request would lead to a serious disruption of business operations , and why that interest outweighs the employee's interest in taking vacation at the requested time.

A good justification is factual and specific. State the period, the position, why replacement is not possible, and what damage or disruption is imminent. A general phrase like “it is not convenient right now” will not hold up in a conflict. Incidentally, you can also refuse a request if there are insufficient available vacation days, but you must communicate this in writing as well.

Step 3: Check collective labor agreement and contract provisions

A collective labour agreement may stipulate that no vacation may be taken during a specific period, for example during a fixed peak period or a collective company closure. You can also record such agreements in individual employment contracts or in personnel regulations. This puts you in a much stronger position in the event of a refusal.

Please note: even if such a provision exists, you must still send a written and reasoned response to the employee. In your reasoning, explicitly refer to the relevant collective labour agreement or contract rule so that it is clear what you are relying on.

Step 4: Aim for a solution

As an employer, you must constantly weigh your business interests against the personal interests of the employee. Therefore, think in a solution-oriented way. Do only the first two days pose a problem? Then do not reject the entire request, but indicate specifically for which days there is and is not an objection.

Also schedule a personal meeting to look for an alternative together. This reduces the risk of conflict and strengthens the legitimacy of your refusal. Take notes and record the agreements made in writing so that there is no dispute regarding the facts afterwards.

Refusing a holiday request in brief

The four steps at a glance to ensure your refusal holds up legally:

1. Respond within two weeks of the written request, otherwise the holiday is confirmed.
2. Provide a written justification and specifically state the weighty reasons.
3. Check the collective labour agreement, employment contract, and regulations for deviating agreements and refer to them.
4. Look for a solution together and record the agreements in writing.

What happens if the employee goes on vacation after all?

If an employee ignores a valid refusal and leaves anyway, this may constitute unauthorized absence. Depending on the circumstances, you may attach consequences to this, such as withholding wages for the days not worked or, in serious cases, imposing an employment law measure. Handle this with care: an unjustified or excessive reaction could backfire. If in doubt, seek legal advice regarding employment law before taking action.

Avoid disputes: establish holiday rules in advance

The best way to avoid hassle regarding holiday requests is to make clear agreements in advance. Stipulate in the employment contract and in an employee handbook how a request must be submitted, within what timeframe you will respond, and during which periods taking time off is difficult. This creates clarity and puts you in a stronger legal position in the event of a refusal.

Frequently asked questions about refusing a holiday request

Within what timeframe must I respond to a vacation request?

After a written request, you have two weeks to respond in writing. If you do not respond within that period, the holiday is confirmed as requested by the employee.

When am I allowed to refuse a holiday request?

Only for compelling reasons: when granting the holiday would seriously disrupt your business operations and your interest outweighs that of the employee. This is a strict test that you must substantiate concretely on a case-by-case basis.

Do I need to justify a refusal?

Yes. A refusal is only legally valid if you respond in writing and with reasons, citing weighty grounds. A general reason without substantiation usually does not hold up in a dispute.

Can I refuse a request because it is too busy?

Not just like that. Busyness in itself is insufficient. There must be an imminent serious disruption to business operations, for example because an indispensable employee cannot be replaced during a peak period.

Can I still cancel a vacation that has already been approved?

Once a holiday has been confirmed, you can only change it for compelling reasons and only after consultation with the employee. Furthermore, you must compensate the employee for any damages incurred as a result of the change, such as booked travel expenses. Therefore, exercise caution when doing so.

What if I don't respond to the application on time?

Then you agree. If you do not respond within two weeks, the holiday is deemed to have been set according to the employee's wishes. Therefore, always submit your written response on time.

MKB Juristen helps you move forward

Employees are entitled to leave, while you safeguard the continuity of your business. We are happy to think proactively: we establish clear agreements in your employment contracts and employee handbook regarding holiday requests and the consequences of unauthorized absence. And if a difficult request comes in? We will quickly draft a reasoned refusal letter for you within the two-week timeframe, so that an employee cannot invoke formal errors.

Do you need help with a specific leave request or your employment terms? View our expertise in employment law or schedule a no-obligation intake directly. We act quickly and practically.