What about... annual leave?

Sun, sea, sand, and doing absolutely nothing. Or perhaps an active hiking trip or a challenging cycling holiday. The holiday season is just around the corner. But what about your annual leave, holiday request, or - we hope not - illness during your holiday? Legal expert Judith Balt answers common questions.

• Everyone wants to go on holiday at the same time: how do you arrange that fairly?
  “In practice, we see that many employers check in advance who wants time off in the summer, so everyone has a chance to take a holiday during their preferred period. This doesn’t mean you are obliged to request your holiday very early. There is no rule that you must submit your summer holiday request before January 1st.
  
  
• Can my employer refuse my holiday request?
  “The law states that if there are no significant reasons to refuse your holiday, your request must be granted. Significant means in this case that the company would seriously suffer if you were absent, for example, it would have to close. Your employer must process your request within two weeks. If they don’t respond in time, your holiday is automatically approved. A refusal must be in writing and clearly substantiated.” 
  
  
• How long can my holiday be?
  “In the CLA hospitality, you are entitled to three consecutive weeks of holiday. If that’s not possible, you are at least entitled to two consecutive weeks and then an additional separate week off.” 
  
  
• Can an employer require you to take holiday during a company closure?
  “An employer cannot require employees to take holiday for reasons that fall under normal business risks, such as renovations or quiet periods. As an employee, you should be able to decide when to take your holiday. However, it may be that an employer has determined a fixed annual closure in your employment contract, or that this is stated in the company regulations. In that case, this can count as a fixed period. If you want a holiday outside of this, it can only happen if you have enough days off.” 
  
  
• Are there exceptions where your employer can determine your holiday?
  “The CLA hospitality makes an exception if you have too many extra-statutory days. If you have extra-statutory holiday hours from one or more previous holiday years (or calendar years) that you haven’t taken, your employer can decide when you take these hours.”
  
  
• Working in hospitality and still going on a summer holiday: is that possible?
  “You can decide when to take your holiday. As mentioned earlier, it’s advisable to bring this up in time so your employer can consider it in the planning.”
  
  
• In contract catering – for example, in education – there is often a company closure during the summer holiday. What if you want to go on holiday after the school holiday?
  “In that case, there is often a summer company closure. During the school year, you accumulate savings hours to be off during the summer holiday. Just like teachers, it’s therefore difficult to plan a holiday outside of this period.”
  
  
• What if you have no holiday days left but urgently need time off?
  “In principle, once they’re gone, they’re gone. This means that in practice you go into the negative if you still take a holiday, as holidays aren’t free. A good employer will consider your reasons for wanting to take extra leave. Of course, this depends on the actual circumstances. You will then have fewer days left the following year.”
  
  
• How soon in advance can you actually request a holiday?
  “There are no rules for this. But you are more likely to have your request denied for a significant reason. For example, if you are already scheduled to work, so three weeks in advance. It remains the case that your employer must seriously consider your request. If you want to take long-term leave last minute, make sure you substantiate it well.”
  
  
• Can an employer retract an already approved holiday?
  “This can only happen if something unusual is happening in the company, for example, if all colleagues are sick. And if your holiday is retracted and you have incurred costs, the employer must reimburse those. Note: the employer can only do this in good consultation and if the employer has very good reasons.”
  
  
• Can you save holiday days for next year? And how long are they valid?
  “Your extra-statutory hours remain valid for five years. The statutory hours you accumulate in 2025 must be taken by July 2026. An exception can be if you couldn’t reasonably take the days due to illness, then they remain valid.”
  
  
• What is the difference between statutory and extra-statutory holiday days? And do different rules apply to them?
  “By law, you have four times the agreed working hours per week as holiday, so if you work 30 hours, you have 120 hours of holiday. Extra-statutory holiday depends on the agreements within the sector.”
  
  
• What happens if you fall ill during your holiday? Do those days still come off your balance?
  “If you fall ill during a holiday, those sick days do not count as holiday days. That is the principle. Unless you agree to it yourself. But if you want to go on holiday during your reintegration and therefore cannot reintegrate, you do give up holiday days. Looking at these examples, you can imagine there is a grey area. If you cannot enjoy your holiday at all due to illness, it is wise to report sick. If there is a dispute, contact us. If you consciously take a holiday during a period of incapacity for work, you give up your normal number of holiday hours. You continue to accrue your normal holiday during your illness.”
  
  
• Can you buy or sell holiday days to your employer?
  “This has not yet been agreed in the Updates CLA hospitality.”
  
  
• Can you have your holiday days paid out if you don’t take them?
  “Only if you leave the company are remaining days paid out. Otherwise, they eventually expire. This is because holiday hours are intended to maintain your work-rest balance, you are entitled to a holiday. That’s why your employer must cooperate as much as possible with your holiday request.”