Who's Right?Same holiday dates as a coworker: who gets priority?
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In short
In France, there is no "first come, first served" rule: the employer sets the order of departures, based on the collective agreement or, failing that, on family situation and length of service. Neither parents nor senior staff get automatic priority.
Both sides
I have two kids, and my husband can only take time off in the first half of August because his company shuts down then. If I can't go on those dates, we won't get a family holiday at all this year. Yes, I only asked in March, but I didn't know my husband's dates before that. When you have family constraints like ours, I think they should come first.
I put my dates on the team calendar back in January, and nobody objected. So I booked a trip, and I can't get a refund. I've been with the company for eight years, and every summer I leave the best weeks to colleagues with kids. Just this once, I think whoever planned ahead should keep their dates.
The verdict
Neither of them gets priority automatically. The law doesn't say "first come, first served", and it doesn't say "parents first" either. The employer decides, following the collective agreement or, if there isn't one, criteria such as family situation and length of service.
Inès's argument fits more closely with what the law asks employers to consider: the leave dates her husband is stuck with are exactly one of the criteria. But saying family must always come first goes too far. She also should have told the team as soon as she knew about this constraint, instead of challenging dates that were already on the calendar.
Thomas planned early and openly, and his length of service counts too. But putting your name on a calendar isn't the same as getting approval: booking a non-refundable trip before his manager signed off in writing was a risk. He has every right to be frustrated about giving way every summer, and his manager should take that into account this year.
The compromise
They go to their manager together with two options: Inès takes 1 to 15 August, and Thomas either keeps his trip dates if that still works, or moves by one week in exchange for first pick over the Christmas holidays. After that, the team agrees on a written rule for future summers, such as taking turns each year.
What the rules say
In the private sector, the order in which employees go on leave is set by a company or site agreement, or failing that by a sector-wide (branch) agreement. If there is no agreement at all, the employer sets the order after consulting the works council (CSE), if there is one. The employer must then consider three criteria: family situation (especially when the spouse or PACS partner can take leave, and whether a disabled child or adult or an elderly dependent person lives in the household), length of service with the employer, and any work for one or more other employers. The law doesn't rank these criteria, and the date of the request isn't one of them. The employer can turn down requested dates, but not abusively: a refusal can be justified by things like keeping the service running or a busy period. The order of departures must be shared with all employees. Unless a collective agreement says otherwise, the employer cannot change the order and dates of departure less than one month before the planned start date, except in exceptional circumstances. Spouses and PACS partners who work for the same company are entitled to take their leave at the same time. Check your collective agreement or company agreement, which may set its own rules.
Sources:
- Un employeur peut-il refuser des congés payés demandés par le salarié ? (service-public.gouv.fr)
- Paragraphe 3 : Dispositions supplétives (Article L3141-16) - Légifrance (legifrance.gouv.fr)
- Article L3141-14 - Code du travail - Légifrance (legifrance.gouv.fr)
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General information, not legal advice.
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Frequently asked questions
Does whoever books leave first get priority?
No. The date of the request isn't one of the criteria in the French Labour Code. Some teams use it as an internal rule, but in the end the employer decides the order of departures.
Do employees with children get priority in summer?
Not automatically. When there is no collective agreement, family situation is one of the criteria the employer must consider, along with length of service. Your collective agreement may set other rules.
Can my employer change dates that were already approved?
Unless a collective agreement says otherwise, the employer cannot change the order and dates of departure less than one month before the planned start date, except in exceptional circumstances.
My spouse works for the same company: are we entitled to the same dates?
Yes. Spouses and PACS partners who work for the same company are entitled to take their leave at the same time.
Can my employer refuse the dates I ask for?
Yes, but not abusively. A refusal can be justified by things like keeping the service running or a busy period, and you then have to take your leave on other dates.
Guide Workplace disputes: the guide
Written with the help of AI, reviewed by the Who's Right team · This is not legal advice. How Who's Right decides
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