In the absence of an agreement mentioned in article L. 3142-73, the employer may refuse to grant international solidarity leave if it establishes that the number of employees, per establishment, already benefiting from the leave on the date of departure envisaged by the employee requesting the leave 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.