Ultimately, it's the employer's call. While they should review employee preferences and consult staff representatives, the final decision rests with them. Legally, there's no requirement to prioritize workers with children, seniority, or other factors. That said, flexibility is wise as long as it doesn't disrupt operations.
However, they need a valid reason. Company closure in August? Vacations align with that. Employers must act in good faith—no assigning off-peak dates like November out of spite. If denying your requested dates, they must justify it via scheduling needs and offer alternatives.
Strict rules apply: Provide at least one month's notice of assigned dates, with no changes afterward except in extraordinary cases like bankruptcy, a massive order, or an employee's death. The justification must be compelling—your presence is essential to save the business.
Can they block summer vacations? Partially: They may restrict July or August but must grant at least 12 consecutive working days between May 1 and October 31.
Synchronizing with your spouse or partner? Feasible if married or in a PACS and at the same company—your employer must approve simultaneous leave. Otherwise, no such duty.
Recourse available? Start with staff representatives. For proven bad faith, escalate to the labor court (prud'hommes). Negotiation often yields the best results.
Thanks to Agathe Lemaire, lawyer
