Can the employer refuse leave?

Find out when the employer has the right to refuse paid leave and when this is illegal. Paid and unpaid leave, study leave, transfer and postponement of days under the Labour Code

Approximate reading time: 4m 27s

Can the employer refuse leave? A practical guide for employees and managers

The question “Can the employer refuse leave?” is among the most frequently asked by workers and employees in Bulgaria. When we plan our trips, family commitments, or time to rest, it is important to know our rights and obligations under the Labour Code (LC) and related regulations.

If you want to be better prepared when communicating with employers or employees, check out our training courses at https://store.nit.bg/kursove/

In this article, we will look in detail at:

when and under what conditions the employer has the right to refuse paid leave;
what the latest changes in labour legislation say;
how unpaid leave is handled;
what happens when paid leave is transferred to a new employer;
what rights students and working students have;
as well as practical examples and advice.

Our goal is to bring clarity and peace of mind both to employees and to employers, who must find a balance between business needs and people’s legal rights.

The right to paid annual leave – what does the law say?

According to Art. 155 of the Labour Code, every worker and employee has the right to at least 20 working days of paid annual leave. This is a subjective right that cannot be taken away.

The right to paid leave arises after the employee has at least 8 months of work experience (Art. 155, para. 4 LC).

Key points:

leave is used according to a pre-agreed schedule approved by the employer;
the employer is obliged to ensure that the employee can use their leave by the end of the respective calendar year;
unused leave is carried over to the next year, but must be used within 6 months after the end of the year, unless there are valid reasons for later use.

Does the employer have the right to refuse paid leave?

This is the most sensitive question. The answer is: Yes, the employer may postpone or refuse leave, but only in strictly defined cases and for justified reasons.

When can it be refused:

In the event of urgent production needs – e.g. urgent orders, staff shortages, breakdowns (Art. 173, para. 4 LC).
When the employee’s absence would disrupt the normal operation of the enterprise.
When the leave is not in line with the leave schedule approved in advance by the employer.

Important: Refusal is not an arbitrary act – it must be justified and in письменна form.

When does the employer not have the right to refuse:

when the employee insists on using at least half of the leave due for the year (Art. 173, para. 1 LC);
when the leave concerns unused days from the previous year;
in the case of mandatory categories of leave, such as maternity, student leave, or leave in the event of the death of a close relative.

Postponement of paid annual leave

The law allows the employer to postpone paid leave to the next year, but only if:

the employee agrees;
there are urgent production reasons;
or the worker themselves has requested postponement.

In the practice of the General Labour Inspectorate, there are opinions that the employer cannot refuse leave indefinitely – they are obliged to provide a real opportunity to use it.

Unpaid leave by the employer

Another frequently asked question is: “Can the employer force me to go on unpaid leave?”
The answer is a categorical NO.

Unpaid leave (Art. 160 LC) is used only at the employee’s request and with the employer’s consent. It cannot be imposed unilaterally.

Transfer of paid leave to a new employer

When a person changes jobs, the question arises: “Can I transfer unused leave to the new employer?”

As a rule, unused paid leave is paid out as compensation by the former employer upon termination of the employment relationship (Art. 224 LC). The new employer starts counting new leave according to the acquired work experience.

Leave for students and learners

According to Art. 169 LC, working students are entitled to:

25 working days of paid study leave for full-time study;
additional days for taking state exams or defending a thesis.

This is a right that the employer cannot refuse, if the employee presents the necessary documents from the higher education institution.

Leave 2025 – what is important to know?

In 2025, all the basic rules for annual paid leave remain in force. The new developments are mainly related to stricter control by the Labour Inspectorate over compliance with schedules and employees’ rights.

Good practice is:

to submit a leave request on time;
to coordinate periods with colleagues;
to keep written correspondence with the employer.

Types of leave and when the employer may refuse

Type of leave	Entitlement in days	Who is entitled	Can the employer refuse?
Annual paid leave	minimum 20 days	Every worker with 8 months of work experience	Yes – only for production reasons or when it does not match the schedule; the employer must provide at least half the leave
Unused paid leave	carried over to the next year	Every employee	Cannot refuse; must be used within 6 months after the end of the year
Unpaid leave	by agreement	Only at the employee’s request	The employer cannot require it; it is granted with consent
Study leave for students	25 days + days for state exams	Working students in full-time study	Cannot refuse when documents are provided
Maternity leave	410 days	Mothers (biological and adoptive)	Cannot refuse
Paternity leave	15 days	Fathers after the birth of a child	Cannot refuse
Special leave (death of a close relative, marriage, blood donation, etc.)	2–3 days depending on the case	Every employee	Cannot refuse

Tips for employees: how to request leave without problems

Submit your request on time – at least 2 weeks before the desired date.
Coordinate with colleagues’ schedule – to avoid refusal due to staff shortages.
Keep written evidence – the request should be officially filed or sent by email.
In case of a dispute, contact the Labour Inspectorate – they are the authority that monitors compliance with the right to leave.

Tips for employers: how to manage leave

Prepare a clear leave schedule at the beginning of the year – this reduces conflicts.
Keep accurate records – unused leave is the employee’s right and is subject to compensation.
Be flexible – when possible, respect employees’ personal reasons.
Use HR software or LMS systems – to automate leave management and reduce administrative burden.

Frequently asked questions

Can the employer refuse paid leave without a reason?
– No, a refusal must always be justified and lawful.

How many days of leave am I entitled to?
– A minimum of 20 working days for a full year of work experience.

What happens if I do not use my leave?
– It is carried over to the next year, but must be used within 6 months after its end.

Can I be required to go on unpaid leave?
– No, this happens only at the worker’s request.

And finally:

Leave is not a privilege, but a fundamental right of every employee. The employer may refuse or postpone leave only in strictly defined cases, but is obliged to create conditions for the worker to rest and recover.

Knowing the provisions of the Labour Code, the current positions of the General Labour Inspectorate and court practice provides security and peace of mind for both employees and employers.