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Can my employer refuse my vacation request?

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Can my employer refuse my vacation request?

Yes, in some cases, but only on narrow grounds and through a strict procedure. The default rule is that your employer must set your vacation time in line with your wishes; a refusal is only allowed when "gewichtige redenen" (weighty reasons) make this impossible, and the employer carries the burden of proof.

The legal framework: who decides when you take vacation?

The rules are in Title 7.10 (the employment title) of the Burgerlijk Wetboek, in particular the so-called "vakantiebepalingen":

The default rule: the employer must follow your wishes

Artikel 7:638 lid 2 BW provides that, unless the timing of vacation is already fixed by written agreement, a collective labor agreement (cao), or regulation, the employer sets the start and end of your vacation in accordance with your wishes, unless "gewichtige redenen" (weighty reasons) prevent it. That means the worker's preference is the starting point; the employer's refusal is the exception.

Because this rule starts from the employee's wishes, courts read "gewichtige redenen" strictly. Examples that may qualify include:

  • a serious peak in workload that cannot reasonably be planned around (for example, a tax deadline, an audit, or a project go-live);
  • several colleagues already being off during the same period, leaving the team understaffed;
  • a recent, unexpected, and documented shortage of skilled replacement staff.

Vague or generic reasons such as "we always close in summer" or "we don't want anyone off in Q4" generally do not meet this threshold on their own.

How the employer must refuse your request

Artikel 7:638 lid 2 BW lays down a strict procedural rule:

  • You must submit your request in writing.
  • The employer must respond in writing with weighty reasons within two weeks of receiving your written request.
  • If the employer does not respond in writing within those two weeks, the vacation is automatically deemed granted according to your wishes.

So a verbal "no" or a refusal sent by e-mail after more than two weeks does not stand. Conversely, your request itself must also be written; a casual hallway request does not trigger the two-week clock.

Minimum continuous leave you can always claim

Even when the employer successfully invokes weighty reasons to push back a particular block of days, Artikel 7:638 lid 3 BW protects you: the employer must then set the vacation so that, if your balance allows, you can take at least two consecutive weeks, or two separate one-week blocks, of vacation. This reflects the EU Working Time Directive's requirement of a continuous rest period.

After the dates are set, the employer cannot easily cancel

Once your vacation is established (whether by your request and the employer's silence, or by mutual agreement), Artikel 7:638 lid 5 BW says the employer can only change the dates if there are weighty reasons, after consultation with you, and must compensate any damage you suffer as a result of the change (for example, cancellation fees for booked travel).

The employer must let you take the minimum each year

Artikel 7:638 lid 1 BW obliges the employer to enable you to take the minimum statutory vacation (Artikel 7:634 BW) each year. This is reinforced by Artikel 7:640a BW, under which the minimum vacation lapses six months after the end of the calendar year in which it was accrued (unless you were reasonably unable to take it). So the employer has a strong incentive to actually let you take your statutory days; if you end up losing them, the harm is yours, but it is the employer's refusal that caused it. "Bovenwettelijke" (above-minimum) days do not lapse under Artikel 7:640a BW, but under Artikel 7:639 BW they expire after five years.

Artikel 7:638 lid 6 BW adds that the employer must also grant your remaining (above-minimum) vacation, again unless weighty reasons prevent it.

Practical checklist

StepWhat to do
1Submit your request in writing (e-mail or letter), with specific start and end dates.
2Wait up to two weeks. If the employer does not reply in writing, the dates you asked are deemed granted.
3If the employer refuses, ask for written weighty reasons within those two weeks.
4If the reasons are not weighty, point out Artikel 7:638 lid 2 BW and ask the employer to set the dates as requested.
5If you settle on different dates, ask the employer to confirm them in writing.
6Remember your continuous-leave right under Artikel 7:638 lid 3 BW: insist on at least two consecutive weeks (or two blocks of one week).
7Use your statutory minimum days in time — they lapse six months after year-end (Artikel 7:640a BW).

Bottom line

Your employer can refuse a vacation request only when there are real, documented weighty reasons, and must do so in writing within two weeks of your written request. The default is that your dates stand. Whatever compromise is reached, you retain the right to at least two consecutive weeks (or two one-week blocks) of vacation, and once dates are set the employer cannot change them without weighty reasons and compensation for any damage you suffer.

This article is general information about Dutch law, not legal advice. For your specific situation, consult a qualified legal advisor or your legal expenses insurer (rechtsbijstand).

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