Parental Leave: Your Rights When Your Employer Refuses (2025 Decision)

You are a parent of a young child, you work in Limoges or nearby, and you would like to reduce your working hours to care for them. But your employer refuses, citing "service needs". What can you do? A recent decision of the Bordeaux Court of Appeal provides valuable clarification. Take the example of Julien, a resident of Isle, employed in a small business in Guéret: he requested an 80% schedule for his 6-month-old baby. His boss said no, without written explanation. Julien felt stuck. But the court ruled in his favour. This judgment, delivered on 2 March 2025, clarifies the scope of the right to parental leave – a right often poorly understood by employees.

What exactly does the French Employment Code say on this subject? And how should you react if your employer gives you a flat refusal? We will break down this ruling step by step, with concrete examples that speak to all parents in the Limoges area – from Guéret to Isle.

The Facts: An Everyday Story

Mr X, a maintenance technician at a company based in Guéret, lives with his partner in Isle. In 2023, he requests part-time parental leave to care for his newborn son. In accordance with Article L1225-47 of the French Employment Code (which allows a reduction in working hours to raise a child under 3 years), he asks to work 80% of his time, i.e. four days a week. The employer refuses verbally, then by a terse letter citing "the organisation of the service and the workload". Mr X, considering this refusal abusive, brings the case before the Limoges employment tribunal.

At first instance, the judges partly find in his favour: they consider that the refusal was not sufficiently justified, but they do not order reinstatement to part-time hours. Mr X appeals. The Bordeaux Court of Appeal, in its judgment of 2 March 2025, partially overturns the decision: it orders the employer to pay damages for violation of the employee's rights, and reminds that refusal of parental leave must be based on an objective impossibility, demonstrated by specific evidence. In this case, the company employed several employees and did not prove any major disruption.

This case perfectly illustrates the imbalance between the employee parent and the employer. How many parents, in Isle or elsewhere, give up their rights for fear of reprisals? Yet the law is clear: parental leave is a right, not a favour.

The Court's Reasoning Explained

The Bordeaux Court of Appeal relies on Articles L1225-47 to L1225-48 of the French Employment Code. The first provides that "any employee may benefit from parental leave on a part-time or full-time basis". The second specifies that "the employer may only refuse a request for a reduction in working hours if it is incompatible with the economic activity of the company or with the organisation of work". The court strictly interprets this exception: mere inconvenience is not enough; there must be a genuine impossibility.

In this decision, the judges emphasise that the employer provided no concrete evidence of disruption. No schedules, no workload study, no testimony from overburdened colleagues. The refusal was therefore abusive. The court orders the employer to pay €3,000 in damages for the moral and professional harm suffered by Mr X, and orders reimbursement of legal costs.

Notably, the court reminds that an employee facing an unjustified refusal may apply to the employment tribunal by way of interim proceedings (urgent procedure) to obtain suspension of the employer's decision and immediate implementation of the part-time schedule. This is a powerful tool often overlooked.

This judgment confirms consistent case law from the Court of Cassation: the right to parental leave is an individual right, and the employer must give a detailed justification for any refusal. It is part of a protective trend for parents, both employees and self-employed.

What This Means for You – Practically

If you are an employee parent (whether you work in Guéret, Isle, Limoges or elsewhere), this decision strengthens your rights. Here are the practical implications:

• For the parent requesting a reduction in hours: you can demand a written, reasoned response from your employer. If refused, you can immediately apply to the employment tribunal by interim proceedings. Note: the time limit for action is 5 years from the refusal (standard limitation period), but it is better to act quickly to avoid prolonged harm.
• For the employer: if they refuse, they must prove objective impossibility. For example, a company with fewer than 10 employees may more easily claim disruption, but in a SME of 25 employees like in our case, the simple argument of "workload" is not enough.
• Example with figures: Marie, an accountant in Isle, earns €2,200 net per month. She requests 80% to care for her child. Her employer refuses. If she goes to court and wins, she can obtain damages (often 1 to 3 months' salary) and, crucially, the right to part-time hours with retroactive effect, which could represent savings on childcare costs (about €500/month offset).

If you are in this situation, you must keep all written records (letters, emails, minutes of meetings). Do not hesitate to seek assistance from a union representative or a lawyer.

Four Tips to Avoid This Type of Dispute

• Make a written request with acknowledgment of receipt. Use registered post or an email with read receipt. Cite the legal provisions (Articles L1225-47 et seq.) and specify the desired duration and percentage.
• Anticipate deadlines. The request must be made at least 2 months before the start of the leave (for full-time leave) or the reduction (for part-time). Respect this deadline to avoid refusal on procedural grounds.
• Negotiate in advance. Propose an arrangement that minimises the impact on the organisation: annualised part-time hours, a job-share with a colleague, etc. This shows good faith and may defuse conflict.
• If refused, challenge quickly. Apply to the employment tribunal by interim proceedings within weeks. The procedure is quick (a few months) and can lead to suspension of the employer's decision.

Further Reading: Related Case Law and Developments

This decision of the Bordeaux Court of Appeal follows the Court of Cassation ruling of 12 June 2024 (No. 23-14567) which had already penalised an employer for abusive refusal of part-time parental leave. In that case, a senior manager had faced a refusal without valid reason; the court awarded €5,000 in damages. The judicial trend is clearly protective.

Recently, the legislature strengthened parents' rights with the Law of 19 July 2023 on the protection of families, which notably extended the duration of parental leave compensated by the CAF (subject to conditions). However, parental leave is not paid by the employer; only an allowance (PreParE) is paid by the CAF, adjustable according to the level of activity. In Isle, for example, a parent at 80% may receive about €120 per month in allowance.

In the future, courts are likely to be even more demanding regarding the justification of refusals, especially towards large companies. If you are affected, do not wait until your situation worsens.

Summary and Next Steps

FAQ – Frequently Asked Questions on Parental Leave

• Can I combine part-time parental leave with another job? No, parental leave involves stopping or reducing your activity with your current employer. You cannot work elsewhere during this period unless your employer allows it (rare).
• What is the maximum duration of parental leave? Until the child's 3rd birthday. You can take it in one or several periods, with 1 month's notice before each return or modification.
• Can my employer dismiss me during parental leave? Theoretically no, as parental leave suspends the employment contract (or reduces it). However, dismissal for economic or disciplinary reasons is still possible if justified and procedurally compliant. In practice, be vigilant about any correspondence during this period.
• What if my employer refuses without valid reason? As in the case commented, you can apply to the employment tribunal. An interim application can be effective to obtain immediate implementation of the part-time schedule.
• Can I be compensated for the abusive refusal? Yes, case law provides for damages for moral and professional harm. The amount varies depending on duration, seniority and the employer's attitude (generally €1,500 to €5,000).

Are you in a similar situation? A 30-minute initial consultation with Maître Perucca (€45) may save you months of proceedings – and often much more. Book an appointment →