In undertakings with less than three hundred employees, the employer may refuse the leave or the change to part-time work:
1° If, after consulting the Social and Economic Committee, the employer considers that the leave or the period of part-time work will have a detrimental effect on the smooth running of the company;
2° If the employee requests this leave or this period of part-time work less than three years after a previous creation or takeover of a company or after the start of the exercise of previous management responsibilities within a company meeting the criteria of a young innovative company.
The employer specifies the reason for refusal and informs the employee accordingly.
The refusal may be challenged by the employee directly before the industrial tribunal, which will decide on the merits of the case in accordance with the accelerated procedure, under conditions determined by decree of the Conseil d’Etat.