The “On-Demand” Leave Trap: Why Employers Can Legally Refuse Your Request
Many employees mistakenly believe that “on-demand” leave acts as an automatic extension to their vacation time, but legal regulations and court rulings confirm that employers retain the...
Many employees mistakenly believe that “on-demand” leave acts as an automatic extension to their vacation time, but legal regulations and court rulings confirm that employers retain the right to deny such requests.
Table Of Content
The true nature of on-demand leave
On-demand leave is a specific type of annual leave granted under labor law for urgent, unforeseen, and random circumstances. Employees are not required to provide a specific reason for their request, and employers are prohibited from demanding one.
Importantly, these four days of on-demand leave per calendar year are not additional days off; they are part of the employee’s total annual leave entitlement of 20 or 26 days. Therefore, this provision cannot be used as a tool to extend planned vacation time.
The requirement for employer approval
A common misconception is that notifying an employer is sufficient to start leave. On-demand leave is still subject to employer consent; an employee cannot begin their time off until the employer has approved the request. This approval can be granted in any form, including email, phone, or text message.
Interestingly, if an employer fails to respond to an employee’s notification, their silence is effectively treated as consent. However, the employer has the right to refuse the leave if it conflicts with specific business interests or if the request is deemed groundless.
Refusal criteria and legal precedents
The employer’s obligation to grant on-demand leave is not absolute. While they cannot demand reasons for the absence, they may deny the request if they have reasonable suspicion that the leave is being misused for planned extensions or spontaneous trips rather than genuine, unforeseen circumstances.
Handling unused leave days
Unused on-demand leave does not roll over into the next calendar year. At the end of the year, any remaining on-demand days simply revert to standard annual leave status. If an employee has already exhausted their total annual leave pool, they lose the entitlement to on-demand leave entirely.