The employer may refuse to grant the leave if it considers that the absence is likely to have a detrimental effect on the smooth running of the company.
The employer’s refusal is made after consulting the social and economic committee. Reasons must be given.
In the event of a dispute, the employer’s refusal may be challenged directly by the employee before the industrial tribunal (Conseil de prud’hommes), ruling under the accelerated procedure on the merits, under conditions set by decree in the Conseil d’Etat.
If the employer fails to respond within a period set by decree, his agreement is deemed to have been reached.