Can My Employer Refuse My Holiday Request?

When a rejection is final (or not).

Reviewed by Vivienne Ravana

holiday bag with rejected stamp

This post was written by a guest contributor.

Has your holiday request ever been refused? While most of us have experienced this once or twice, have you ever wondered why your holiday request was rejected? Or if the rejection was valid? 

Mandatory paid annual leave varies across countries, but in the US, most employees take around 15 days of paid leave per year (including bank holidays, if the employer chooses). While most of your holiday allocation is personal and tied to your individual plans, employers can take control when necessary. 

With this in mind, we’ve put together a guide to what holiday request refusal looks like in the workplace and how you can minimize the chances of getting denied requests. 

Can an employer refuse a holiday request? 

The short answer is yes. Under the right circumstances, your employer can legally refuse your holiday request for a number of reasons: 

  • Seasonal business needs: This is the most common factor at play when it comes to refusing a holiday request. Businesses that operate during busy seasons such as Christmas or Thanksgiving struggle to manage demand with a reduced workforce. For this reason, any lengthy leave requests could be denied, especially if they’re not made in advance. 
  • Pre-booked leave conflicts: While you might request leave outside of seasonal busy periods, it may still be refused if another employee pips you to the post. Smaller businesses, in particular, struggle to cope with multiple team members away at the same time. When your leave application overlaps with other employees’ requests and they submitted theirs before you, yours is likely to be denied. 
  • Company-wide shutdown: These are the leave periods already allocated to your company. For example, if your business shuts down over Christmas break, you cannot request a holiday at the same time. While company-wide shutdowns may not provide income for the days missed, you cannot use your paid leave to replace this. 

Refusal of holiday requests is not unusual; in fact, they’re just part of workforce planning. However, it’s still important to follow up on a refusal to check that it’s in line with your employment contract, especially if the reason for denial wasn’t clear. 

When is a request refusal problematic? 

Are employers allowed to refuse your holiday request just because they feel like it? Absolutely not. Refusing a leave request without significant, provable cause should be challenged, especially if you feel as if you’re being discriminated against

Refusing leave based on protected characteristics such as religion, disability, or pregnancy is unlawful in the US. It’s also worth consulting your contract. If it guarantees certain leave, such as the Christmas week off or a specific religious holiday not recognized as a bank holiday in the US, refusal should be challenged. 

Lastly, take a look at the pattern of your leave refusal. If you’re refused holiday requests that fall on Fridays, for example, this could be a clear sign that your company is taking leave allocation into its own hands and not following the government guidelines. 

What is forced leave? 

Did you know that employers can also make leave requests for you? In some businesses, employers can require employees to take leave on certain dates (e.g., office closures). 

However, to do this, they must give notice that’s at least twice the length of the leave request being imposed. For example, for 7 days of forced leave, a notice at least 14 days before the date is required. 

5 practical tips to avoid holiday request rejection 

Holiday refusal can be inconvenient, especially if you’ve already made plans. Here are five holiday management tips to help avoid getting denied so you can plan your holiday with peace of mind. 

Request early 

In the US, most businesses require employees to give at least 2-3 weeks' notice when booking their leave. However, if you’re planning to request time off smack bang in the middle of the summer break, or a few days off around Christmas, you should get your leave request in as soon as possible. This avoids clashes with other staff members and allows team leaders to account for your absence during busy periods. 

Check your company policies  

Knowing your company’s holiday policies ahead of booking leave not only saves you from disappointment, but puts you in a better position to challenge holiday refusal if you believe it’s not in line with the set out regulations. 

Communicate early 

If you’re worried about a leave request refusal, talking to your manager ahead of time is crucial. For example, if you’re booking off your wedding, honeymoon, or any other special event, your company could make an exception to the policy just this once. 

Be as flexible as possible 

We’d always suggest confirming your leave request before making plans surrounding it. So, if you’re planning to book a holiday abroad in June, but the date isn't of significance, speak to your team and managers early and offer a flexible range of dates that they can choose from to ensure that your request isn’t denied. 

Keep written records of requests and responses  

If you suspect foul play, try to keep written records of your requests, responses, and the reasons for refusal. If you notice a pattern, discriminatory practices, or a refusal that’s not in line with labor guidelines, you likely have grounds to challenge your leave refusal and even escalate the issue if it remains unresolved. 

Wrapping up 

Holiday request refusals are extremely inconvenient, yet remain a common problem across most US businesses. While an employer can refuse your holiday request, there are many ways to avoid this. Review your company’s leave policy and submit your request well ahead of time. Knowledge of the policies means knowing when you’re most likely to get an approval or a denial. More importantly, you’ll know if a denial can be appealed or not.