Retirement leave: There is no obligation to justify its postponement
In a recent lawsuit filed in Cassation Court, an employee sought leave from his employer. The latter informed him of the decision to postpone going on leave. He had mentioned that his leave could start after one and a half months from the requested date.
The employer later explained that the employee’s request could not be granted during the requested period, which coincided with the end of the fiscal year.
However, the employee did not report to his or her position prior to the start date of the leave proposed by the employee. He fired her for gross misconduct. The employee protested his dismissal.
The employer was punished for being fired without real and serious reason.
The Cassation Court ruled in favor of the employer, who did not consider it necessary to justify his decision to postpone his retirement leave.
The Labor Code does not really require the employee to state the reasons for wanting to postpone his or her departure date on retirement leave.
To respond to your employees’ retirement leave requests, we recommend that you download our correspondence template.
Retirement leave: Limited deferral options
You can not postpone your employee’s retirement leave as appropriate.
You are actually subject to two types of limitations:
- Limits on deferred maximum length;
- Limitations on reasons that allow you to postpone leave.
To learn more about the Sabbath, especially the conditions for postponing it, we recommend our document ” Tissot Community Enterprise ACTIV .
Core de Cassation, Community Room, September 29, 2021, n ° 20-13.969 (Employer may postpone employee leave without need to justify his decision)
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