An employer may not refuse an employee’s request to take time off work to go on vacation, unless the absence of the respective employee would lead to a serious disruption in business operations outweighing the interests of the employee. In a recent summary proceeding, the judge ruled against an employer. The employer had to grant an employee’s request for a paid leave of 4.5 weeks to go on vacation.
Due to the coronavirus pandemic the employer had suggested an adjusted vacation scheduled to his employees. This meant employees could only go on vacation within a specific, pre-determined period and they could not request more than 3 weeks off work for vacation. The employee in question was the only one who disapproved the schedule: he wanted to go on a longer vacation. The employer feared this would have major negative consequences on business operations, but he could not provide any substantial evidence in support of this standpoint. In case you have experienced similar issues with respect to employees’ vacation requests, the respective summary proceeding is an interesting one to read more about.
Court of Midden-Nederland, June 30, 2021; ECLI (abridged): 3601