Yes, but not every kind of leave. Holiday dates are agreed jointly, so you may refuse a requested period if the employee still gets 2 consecutive weeks between 1 May and 31 October. Short leave for family events, compelling reasons and job-search leave can never be refused. Time credit and parental leave can be postponed by at most 6 months.
Can an employer refuse holiday in Belgium? Overview by type of leave
| Leave | Refuse? | Postpone or plan? | What to know |
|---|---|---|---|
| Statutory annual leave | Yes, dates are agreed jointly | Yes, by agreement or collectively | 2 consecutive weeks between 1 May and 31 October |
| Unpaid leave | Yes, it is not a right | Not applicable | Put any agreement in writing |
| Short leave for family events | No | No | The employee notifies you in advance |
| Compelling reasons | No | No | Max. 10 days a year, unpaid |
| Care leave | No | No | Max. 5 days a year, with a doctor's certificate |
| Flemish training leave | Only if requested too late | Yes, if more than 10% would be absent at once | Request at least 2 weeks before your deadline |
| Time credit | Yes, up to 10 employees | Yes, up to 6 months | Threshold of 5% absent at the same time |
| Parental leave | Only one-tenth and flexible forms | Yes, up to 6 months | Reply within 1 month |
| Job-search leave | No | No | 1 day a week in the last 26 weeks of notice |
May an employer refuse holiday?
The employee is entitled to their holiday days, but not to the dates they choose. Those are set in this order:
- The joint committee (JC) can set collective holiday dates, such as the construction holiday.
- The works council, if the sector has set nothing.
- The employer with the union delegation, or without a delegation, with the employees.
- An individual agreement between you and the employee.
In that individual agreement you may refuse a requested period, for example in your peak season. You must respect these limits:
- The leave must be possible to take within the 12 months after the reference year, so in the current year.
- A period of 2 consecutive weeks between 1 May and 31 October, unless the employee asks otherwise. For anyone under 18 at the end of the reference year, it is 3 weeks.
- At least 1 consecutive week in any case.
- Heads of household preferably get their holiday during school holidays.
If the employee asks to attach a third week to the first two, you may object if it would disrupt the organisation of work. If you cannot agree, the labour court decides.
Can an employer cancel approved holiday?
Approved holiday is an agreement between two parties. You cannot cancel it unilaterally, not even for an unexpected rush. You can ask the employee to move it; they may say no. If they agree, put in writing:
- the new holiday dates;
- that the move is voluntary;
- who bears the costs the employee has already incurred, such as a booked trip or a cancellation fee.
If the employee falls ill during the holiday, they keep the days. How to book that is explained in sick during annual leave.
Can an employer refuse unpaid leave?
Yes. Unpaid leave at the employee's request is not a right. You may grant or refuse it, and you do not need to give a reason. If you grant it, put the start and end dates in writing.
Do not confuse it with leave for compelling reasons. That is a right to at most 10 working days a year for an unforeseen event unrelated to work: illness or hospitalisation of someone in the household, fire or storm damage to the home, a court summons as a party. The employee notifies you in advance or as soon as possible. The leave is unpaid unless a collective agreement or an arrangement says otherwise. Care leave falls within those days too: at most 5 days a year to care for a household or family member with a serious medical reason, with a certificate from the treating doctor.
Can an employer refuse job-search leave?
No. During a notice period the employee may be absent on full pay to look for work, even if they resigned. In the last 26 weeks of notice that is 1 day or two half days a week, and before that half a day a week. If they receive outplacement, the full day a week applies throughout the notice period. A part-timer is entitled pro rata. You may ask that they use the leave to look for work.
Time credit, parental leave and training leave
These three are rights with their own postponement rules:
- Time credit. Up to 10 employees, you decide. Above that, you can postpone by up to 6 months for serious reasons, or longer if more than 5% of your staff would be absent at once. See time credit for employers.
- Parental leave. Full-time, half-time and one-fifth can be postponed by at most 6 months. One-tenth and the flexible forms may be refused, in writing within 1 month. Everything in can employer refuse parental leave.
- Flemish training leave. You help plan it, but only refuse if the request arrives less than 2 weeks before your reimbursement deadline, or if an employee asks for a full school-year course after 31 October while you work with a collective planning. You may object if more than 10% of staff would be away at once; from 20 employees, that limit applies per job.
Collective shutdowns and the construction holiday
If holiday is fixed collectively, such as the construction holiday or a summer shutdown decided by the works council, the employee must take holiday in that period. You may refuse an individual request for another period for the days covered by the shutdown.
If an employee does not have enough holiday days to cover the shutdown, for example because they changed employer and already used their days, they first use their paid holiday, youth holiday or senior holiday. For the remaining days, they can be temporarily unemployed and receive a benefit from the National Employment Office (RVA) of 60% of their capped average pay. If they prefer to take their holiday days at another time, they get no benefit for that many shutdown days. If the employee earns no more than € 4,284 gross a month, you also pay them a supplement of € 5.41 per day of unemployment, unless a collective agreement puts that payment on a sector fund. If they earn more, it only applies after 26 days of temporary unemployment in the same calendar year. More in our guide to temporary unemployment.
A model letter to refuse holiday
We received your request on 3 March for holiday from 6 to 17 April inclusive. We cannot grant this period: in April we deliver the order for two new branches and two colleagues from your team are already on leave. You can take the week of 20 April or the period from 4 to 15 May inclusive. Your three-week summer holiday from 27 July is confirmed.
Reply in writing, give a concrete reason and suggest an alternative. That avoids disputes and keeps the door open.
What to put in the work rules
A clear holiday procedure prevents most conflicts. Include at least how and when an employee requests holiday, within what period you reply, which periods are fixed by a collective shutdown and which weeks you restrict as peak periods. How to draw up and amend the rules is explained in drawing up work rules.
Mistakes we often see
- Leaving a holiday request unanswered. The employee does not know where they stand, and you lose the chance to propose an alternative in time.
- Imposing or cancelling holiday unilaterally. Without a collective arrangement or agreement, that is not possible.
- Treating compelling reasons as ordinary unpaid leave you can refuse. For a genuine compelling reason, the absence is a right.
- Not allowing 2 consecutive weeks in summer to anyone who asks.
- A collective shutdown with no plan for new employees, who have too few days to cover it.
What Business Centrum does for you
We keep each employee's holiday balance, check the deadlines on every request for time credit, parental leave or training leave and prepare your reply. We process collective shutdowns and temporary unemployment in payroll, together with Acerta. Everything runs through our leave and absence service.