In the absence of an agreement mentioned in article L. 3142-40, and in application of 3° of article L. 3142-41, the employer may refuse to grant leave if he establishes that the number of employees, per establishment, who have taken leave during the current year reaches the following proportion:
1° Less than 50 employees: one beneficiary;
2° 50 to 99 employees: two beneficiaries;
3° 100 to 199 employees: three beneficiaries;
4° 200 to 499 employees: four beneficiaries;
5° 500 to 999 employees: five beneficiaries;
6° 1,000 to 1,999 employees: six beneficiaries;
7° From 2,000 employees: one additional beneficiary for each additional 1,000 employees.