Introduction
Vacation is important for workers' recovery, and labor law strongly protects this right. Nevertheless, an employer can refuse a vacation request under strict conditions. This blog explains what rules apply, when a refusal is permissible, and what happens if an employer does not respond in time.
Rules around vacation requests
Vacation is essential to employee recovery. Therefore, in principle, an employer must agree to a vacation request. Only if there are weighty reasons may an employer refuse a request for vacation. The threshold for this is high: vacation is a right that weighs heavily.
What are weighty reasons?
An employer may deny a vacation request only if granting vacation would seriously disrupt business operations. A temporary busyness in the workplace is usually insufficient. Examples of valid important reasons are:
- No way to arrange for replacement.
- Company might even have to close temporarily due to the vacation season.
- Serious operational problems not otherwise resolvable.
So the bar is high, and employers really need to be able to demonstrate that there is a major disruption.
Little case law on vacation denial
There are few court decisions on this issue. In practice, employees will often not go to court if a vacation request is denied. Still, the law gives employees clear protection. Important to know: busyness in itself is not enough for a refusal.
What if the employer does not respond?
An employer must respond within two weeks of the application. Does the employer not respond in time? Then the vacation request is considered automatically approved. This means that you as an employee are then still entitled to vacation according to your request.
What if consent is withdrawn?
Did the employer first approve the vacation and later revoke it? Then the employer must:
- Compensate the employee for the resulting damage.
- Consider expenses incurred for booked travel or lodging.
Withdrawal of consent should only occur in exceptional situations.
Conclusion
An employer can deny a vacation request only in the event of serious disruption to business operations. Without a timely response, the vacation is automatically approved. Clear communication and timely decision-making are essential to avoid conflict.
This blog was written by Mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists entrepreneurs daily with a wide range of employment-related matters. From dismissal cases to drafting watertight contracts and policies – with his practical and personal approach, he helps employers and employees move forward. Want to know more?Visit Stijn's page.
Arbeidsadvocaat.nl is happy to think with you if you have questions about vacation requests. Please feel free to get in touch .
April 2025
