According to a popular misconception, leave requests are granted on a first-come, first-served basis… “False, says Myriam de Gaudusson. Although in practice, those who book early tend to get priority.” Employees should therefore be careful not to wait too long to submit dates.
However, two rules give priority to certain employees. First: “As a mandatory rule, spouses – or civil union partners – employed by the same employer are entitled to take simultaneous leave. This allows certain employees to take priority”, adds Myriam de Gaudusson.
In any case, employers should always make sure that their employees are treated equally. “Staff leave must be scheduled on a rota basis, so that prime vacation periods are not reserved for the same employees every year”, cautions Myriam de Gaudusson. Employees who agree to change their leave request should be given priority the next summer.
And if leave planning were to turn into an insolvable puzzle sparking endless conflicts, employers could resort to strictly formalizing the whole process.
“They may decide to enter into a company-wide collective bargaining agreement establishing tie-breaker criteria and their weights”, explains Myriam de Gaudusson. A forceful way to settle the matter.
Click HERE to read the article quoting our labor and employment law partner Myriam de Gaudusson, published in Le Figaro on May 13, 2022.
