Employment law
Postponing leave: can the employer refuse a request to postpone, whatever the type of leave?
Early June, at the Clinique Djiguiya in Ségou. The rainy season is approaching, and with it the malaria peak: every member of the care staff will be needed from July to October. On the personnel manager’s desk, five requests are waiting, and each one talks about “postponing” leave. Saying no to everyone would be easy, and often unlawful; saying yes to everyone would empty the clinic in the middle of the rainy season.
The Clinique Djiguiya is a private clinic with 70 employees based in Ségou. We will follow Mariam, its personnel manager, and the authors of the five requests: Ibrahim, a nurse; Aminata, a pregnant midwife; Moussa, a laboratory technician getting married in July; Kadidia, a care assistant who has been widowed; and Bourama, a receptionist and union activist. This clinic and these people are fictitious: their names are used for illustration only.
1. The legal framework: which texts govern leave and its postponement?
No single article answers the question of postponement. The answer changes with the type of leave, and each type of leave has its own text.
- The Labour Code (Law No. 92-020 of 23 September 1992, last amended by Law No. 2022-005 of 20 May 2022). This is the main text. It governs annual paid leave (articles L.148 to L.164, including L.150 on postponement and rescheduling, L.156 on splitting and L.162 on the prohibition of pay in lieu), special leave for family events (L.146 and L.147), maternity leave (L.179 to L.183), suspensions of the contract such as widowhood and pilgrimage (L.34 and L.38), training and union leave (L.10, L.11, L.254 and L.255) and leave of absence (L.59).
- Decree No. 96-178/P-RM of 13 June 1996, article D.189-12. It prohibits employing a woman in the six weeks following childbirth. Its articles D.86-22 and D.86-25 also govern leave and special leave for domestic workers.
- The Social Security Code, articles 28 and 29 (daily maternity allowance paid by the INPS) and articles 33 to 35 (three-day birth leave).
- ILO Maternity Protection Convention No. 183, ratified by Mali on 5 June 2008, article 4. It makes six weeks’ leave after childbirth compulsory and extends the prenatal period when the child is born after the presumed date.
- Order No. 96-1566 of 7 October 1996, amended by Order No. 2024-4363 of 27 December 2024, article A.130.1. It requires the dates of paid leave to be entered in the second section of the employer’s register.
- The applicable collective agreement. It often sets the length of each type of special leave and may provide more favourable rules on taking leave.
Other texts come into play when it comes to penalties: the fines in articles L.323, L.324 and L.326, and the prohibition on taking union activity into account (L.257). We will come back to them section by section.
The most common mistake
Applying the annual leave rule to every type of leave. Maternity leave, wedding leave and leave for a pilgrimage do not follow the same rules. Some can be postponed by agreement, others never; some can be refused, others cannot.
“Leave” is a word, not a regime. Before answering a request to postpone, ask yourself which leave it is.
2. What exactly are we talking about?
The five requests on Mariam’s desk all use the word “postpone”. In reality, they cover four different operations, which do not have the same author or the same limits.
| Operation | What it is | Who initiates it | Text |
|---|---|---|---|
| Postponement | Taking leave already earned at a later date, often the following year | The employee | L.150, para. 2 |
| Rescheduling | Bringing forward or delaying the start date of leave | The employer, for the proper running of the business | L.150, para. 1 |
| Splitting | Taking leave in several parts | Both parties, by mutual agreement | L.156 |
| Accumulation | Adding together the entitlements of two years | The result of a postponement | L.150 and L.164 |
Earned leave is the number of days to which the employee is entitled after working the reference period. In Mali, the right to annual leave arises after twelve months of service (L.148), at a rate of two and a half days per month, i.e. thirty days per year, non-working days included (L.151).
The most common mistake
Calling a rescheduling imposed by the employer a “postponement”. A postponement starts with a request from the employee; a rescheduling starts with a decision by the employer. The Code sets different limits for each, and confusing them leads to imposing on the employee what only their agreement allows.
The employee asks for a postponement. The employer decides a rescheduling. The rules are not the same.
3. Annual leave: postponement requested by the employee
Ibrahim, a nurse, was recruited in Kayes four years ago to work in Ségou. He asks not to take his thirty days this year, so that he can go home with his family for two months next year.
What the Code says
At the worker’s request, the right to leave may be postponed over a longer period, which may not, however, exceed two years of service. In that case, the worker must take a minimum of eight days’ leave, non-working days included, in the first year (Labour Code, article L.150).
The rule protects the employee’s health: leave is for rest, and the Code prohibits putting it off indefinitely. Hence the two limits: two years at most, and at least eight days’ rest in the first year.
Can the employer refuse?
The Code says that leave “may” be postponed at the worker’s request, and article L.164 itself refers to the “possibility of accumulation provided for by article L.150”. The text opens a possibility; it does not create a right that the employer is obliged to grant. Postponement therefore requires the agreement of both parties, and the employer may refuse it, preferably in writing and for a reason linked to the needs of the service.
Refusing the postponement does not, however, allow the employer to cancel the leave. The employee then takes their leave during the year, and the employer may not replace it with a payment: any agreement to that effect is void (L.162). See Annual paid leave.
Example. Mariam accepts Ibrahim’s request. Calculation of his entitlement.
Year 1: entitlement earned 30 days; minimum leave taken 8 days
Days postponed: 30 − 8 = 22 days
Year 2: entitlement earned 30 days
Leave to be taken at the end of year 2: 22 + 30 = 52 days, plus travel time
What accumulation costs the employer
Ibrahim was recruited in a locality other than his place of work. His leave is therefore extended by travel time (L.163). Above all, after two years of continuous service and accumulated leave, the employer pays for his return journey, and that of his spouse and minor children living with him (L.164). The return journey is due only if the employee is fit to resume work.
Example. Travel costs borne by the clinic, assuming a Ségou–Kayes return ticket at 30,000 XOF per person.
People concerned: Ibrahim, his wife, two minor children = 4
Travel costs: 4 × 30,000 = 120,000 XOF
This cost is not a reason to refuse on principle. It simply needs to be known before saying yes.
The most common mistake
Letting leave pile up without anything in writing for three or four years. Beyond two years, postponement is no longer permitted. Each breach of article L.150 is punishable by a fine of 10,000 to 18,000 XOF, and 100,000 XOF for a repeat offence (L.324), incurred as many times as there are employees concerned (L.335). See Accumulated unused leave.
A postponement is an agreement. Accumulation beyond two years is an offence.
What you need to do
- Require a written postponement request, with the intended start date.
- Have at least eight days taken in the first year and never exceed two years of accumulation.
- Work out the travel time and travel costs before accepting.
4. When it is the employer who wants to reschedule leave
Three nurses were due to go on leave on 1 August. In the middle of the rainy season, Mariam wants to push all these departures back to the end of the year.
Three months, not one day more without agreement
Insofar as the proper running of the business requires it, the taking of leave may be delayed or brought forward. Unless the worker agrees, this rescheduling may not exceed three months (L.150, paragraph 1). The Code thus accepts operational constraints, but it limits them so that the employee does not lose their rest.
Example. Rescheduling the leave of a nurse due on 1 August.
Planned date: 1 August
Maximum rescheduling without agreement: 3 months
Departure no later than 1 November without the employee’s agreement
Departure on 1 December: the nurse’s written agreement is required
Splitting is decided by both parties
Leave of fifteen days or less must be taken in one go. Beyond fifteen days, it may be split by mutual agreement, but one of the parts must be at least fifteen consecutive days (L.156). Thirty days taken as three blocks of ten do not meet this rule; eighteen days followed by twelve days do.
Cancelling a departure the day before
The Code sets no deadline for changing a leave date that has already been approved. For domestic workers, the decree requires fifteen days’ notice when the employer imposes an extension of their leave (D.86-22). Use this period as a benchmark for all your employees, and reimburse any costs already incurred, such as a ticket already bought.
The most common mistake
Pushing back the same leave year after year “for the needs of the service”. Each rescheduling of more than three months without written agreement breaches article L.150, and an employee who never goes on leave ends up claiming their rights.
The proper running of the business can delay leave. It cannot cancel it.
What you need to do
- Limit any imposed rescheduling to three months and announce it in writing.
- Obtain the employee’s written agreement for any longer rescheduling or any splitting.
- Give at least fifteen days’ notice before changing leave that has already been approved.
5. Maternity leave: no refusal, no postponement
Aminata, a midwife, is expecting her child on 14 September. She loves her work and wants to stay until two weeks before her due date, then “postpone” her prenatal weeks until after the birth.
Dates set by law
Every pregnant woman is entitled to 14 weeks’ maternity leave. It begins six weeks before the presumed date of childbirth and ends eight weeks afterwards. If the birth occurs earlier, the rest period is extended until the 14 weeks have expired (Labour Code, article L.179).
If the child is born after the presumed date, the leave still ends eight weeks after the birth (L.179): the prenatal period is extended accordingly, as ILO Convention No. 183 also provides (article 4), without reducing the six compulsory weeks after childbirth.
Within this leave, two prohibitions are absolute. The employee may not be employed for seven consecutive weeks, three of which are before the presumed date (L.180). Nor may she be employed in the six weeks following childbirth (Decree No. 96-178, article D.189-12).
In the event of illness certified by a doctor and linked to the pregnancy or the confinement, the leave may be extended by three weeks (L.181).
Example. Dates of Aminata’s leave, for a birth expected on Monday 14 September 2026.
Start of leave: 14 September − 6 weeks = 3 August
Absolute prohibition on employment from: 14 September − 3 weeks = 24 August
End of leave, if the child is born on 14 September: 14 September + 8 weeks = 9 November
If the child is born on 31 August: the end date remains 9 November, i.e. 14 weeks after 3 August
What the INPS pays, and on what condition
For the 14 weeks, the INPS pays a daily allowance equal to the full salary received at the time the contract was suspended (Social Security Code, article 28). It is due only if the employee actually stops working, which the employer certifies (Social Security Code, article 29). Prenatal weeks that are worked are therefore paid by the employer as work, not by the INPS.
Between the sixth and the third week before the due date
The text distinguishes two things. The employee “is entitled” to leave that begins six weeks before the presumed date (L.179); she “may not be employed” only during the last three weeks before that date (L.180). Convention No. 183 likewise makes only the period after the birth compulsory. Between the sixth and the third week, the leave is therefore the employee’s right, not a prohibition: if she asks in writing, with her doctor’s agreement, she may continue working.
But these weeks are not carried forward. The leave still ends eight weeks after childbirth (L.179), and no text allows prenatal weeks that were worked to be added after the birth. Transferring prenatal weeks to the postnatal period is a rule of French law, with no equivalent in Mali.
The rule protects the health of mother and child, even against the employee’s own wishes. The employer may neither refuse the leave nor move it. For Aminata, the answer is clear: if she wishes and her doctor agrees, she may work until 23 August, but not beyond, and the weeks she does not take will be lost.
What remains possible: following on with annual leave
Aminata may ask to take her annual leave immediately after her maternity leave. The rest period of women after childbirth counts as working time for calculating this leave (L.149). The dates are set with the employer, within the limits of article L.150: the clinic may reschedule this departure by three months at most, but may not refuse it.
The most common mistake
Letting the employee work during the last three weeks before the due date, or during the six weeks after the birth, “because she asks to”, possibly in exchange for a letter of waiver. That letter is worthless. An employer who employs a woman during the prohibited period faces a fine of 20,000 to 50,000 XOF, and 50,000 to 200,000 XOF for a repeat offence (L.326). See Maternity in Mali.
Maternity leave is neither refused nor moved: the law has set its dates.
What you need to do
- Calculate the leave dates as soon as the pregnancy is declared and give them to the employee in writing.
- Have work stop six weeks before the presumed date, unless the employee asks otherwise in writing with medical approval, and never in the last three.
- Send the INPS the certificate of suspension of work and the salary certificate.
6. Special leave and birth leave: tied to the event
Moussa, a laboratory technician, is getting married on 10 July. He does not want to be away in the middle of the rainy season and suggests taking his wedding leave in December, for a trip.
Special leave is for living through the event
Special leave granted for a family event directly affecting the employee’s own household may not be deducted from their annual leave, up to a limit of ten days (Labour Code, article L.146). The Code sets neither the list of events nor the length of each type of leave: that is done by the collective agreement or company practice. For domestic workers, for example, the decree provides three days for the worker’s own wedding (D.86-25).
Special leave exists for the event. No text provides for postponing it several months later, and the employer may refuse. It may also accept, or propose another solution: bringing forward part of the annual leave (L.150), or granting unpaid leave by mutual agreement.
Birth leave: three days within a fifteen-day window
At each birth of a viable child in their household, an employee who is head of household is entitled to three days’ leave. These days may be consecutive or not, by agreement with the employer, but must be taken within a fifteen-day period that includes the date of birth (Social Security Code, articles 33 and 34). The employer pays them, then the INPS reimburses the employer (article 35).
Postponement is therefore possible only within those fifteen days. An employee who became a father on 3 March cannot claim his three days in June.
When the event takes place far away
If the event takes place away from the place of work and requires travel, the decree allows special leave for domestic workers to be extended by mutual agreement, without pay (D.86-25). It is a good model for the whole company.
The most common mistake
Deducting wedding or bereavement leave from annual leave. Up to ten days a year, this is prohibited, and punishable by a fine of 5,000 to 15,000 XOF, up to 100,000 XOF for a repeat offence (L.323). See Special leave and family events.
Special leave follows the event. It is not put aside for later.
What you need to do
- Check the length of each type of special leave in the collective agreement and display it.
- Grant birth leave within the fifteen days around the birth and claim reimbursement from the INPS.
- When asked to postpone special leave, offer annual leave brought forward or written unpaid leave.
7. Widowhood and pilgrimage: suspensions imposed by law
Kadidia, a care assistant, lost her husband in May. Hawa, the accountant, announces that she will go on pilgrimage next year. Mariam wonders whether she can refuse, or at least push these absences back until after the rainy season.
A suspension of the contract is like putting it on hold: the employee does not work, the employer does not pay, but the contract is not terminated. The cases of suspension are listed by law.
What the Code says
The contract is suspended, among other cases, during the so-called widowhood period for a female employee whose husband has just died. This suspension must be requested in writing, with a copy of the death certificate and a copy of the marriage certificate, and may not exceed four months and ten days. The contract is also suspended during the period of pilgrimage to the holy places (Labour Code, article L.34).
In both cases, the suspension takes place without payment of wages (L.38). These periods are not among those that count as work for earning annual leave (L.149).
Refuse or postpone?
When the conditions are met, the employer may neither refuse these suspensions nor treat the absence as misconduct. Widowhood is tied to the death: the Code refers to a woman whose husband “has just” died, and Kadidia’s request cannot be pushed back until after the rainy season.
For the pilgrimage, the Code sets neither the length, nor the notice period, nor the number of times it may be taken. It therefore sets no limit, and the employer may not impose one on its own authority: a cap on length or frequency can only come from the collective agreement or an establishment agreement. The dates depend on the pilgrimage calendar, not on the employer. The employer may, however, organise departures: a written request several months in advance, precise dates, proof of travel, and rules made known to all staff. See Widowhood leave and pilgrimage leave.
What helps the employee
Because these suspensions are unpaid, the employee may ask to take her annual leave immediately before or after them, to keep part of her income. The dates are then set by mutual agreement.
The most common mistake
Treating a departure on pilgrimage as job abandonment and dismissing the employee. The absence corresponds to a case of suspension provided for by law: the dismissal would have no legitimate grounds, would therefore be unfair, and would give rise to damages (L.51). See also Employment contract: the cases of legal suspension.
A suspension provided for by law is not refused. It is organised.
What you need to do
- Grant the widowhood suspension as soon as the written request and the two certificates are received.
- For the pilgrimage, ask for a written request, with the dates and proof, several months in advance.
- Offer to attach annual leave to the suspension to limit the loss of pay.
8. Leave the employer may refuse, and leave it may not
Bourama, a receptionist, asks for five days in August for union training. Mariam would like to offer him October instead.
The Code distinguishes according to the text. Unpaid leave for workers’ education or union training “may be granted” to workers at their request (Labour Code, article L.10): the employer may therefore refuse it or propose other dates. But any worker duly designated by their union to attend a training course “is authorised” to leave the company, and this absence cannot justify termination (L.255).
| Leave requested | Can the employer refuse or postpone it? | Text |
|---|---|---|
| Workers’ education or union training leave, at the employee’s request | Yes: it may be granted, not imposed | L.10 |
| Training course on formal designation by the union | Refusal is risky: the employee is authorised to leave and the absence cannot justify termination | L.255 |
| Statutory congresses for union officials | No, on a written, named invitation; the absences are paid | L.254 |
| Training leave under the training plan | The employer chooses who takes part | L.11 |
| Leave of absence (mise en disponibilité) | Yes: it is exceptional and left to the employer’s sole discretion | L.59 |
If Bourama is designated by his union, Mariam may discuss the dates, but an outright refusal is risky. If he is asking in a personal capacity, she may offer October. In every case, a refusal must never be motivated by his union activity (L.257).
The most common mistake
Refusing a union activist what is granted to others. Taking union activity into account in a decision is an unfair measure that gives rise to damages (L.257) and to a fine of 50,000 to 250,000 XOF or one to four months’ imprisonment, or both (L.329). On leave of absence, see Leave of absence for employees.
“May be granted” leaves a choice. “Is authorised” does not.
What you need to do
- Check, for each type of leave requested, whether the text says “may be granted” or “is authorised”.
- Ask for the union’s written invitation or designation before answering.
- Give written reasons for any refusal, based on the needs of the service and the same for everyone.
9. Tools for handling requests without conflict
The Code sets rights, not methods. The following tools are practical recommendations, designed for a Malian company without personnel management software.
| Tool | What it contains | When to use it |
|---|---|---|
| The annual leave schedule | Everyone’s dates, peak periods closed to departures, fair rotation | Drawn up in January after collecting preferences, displayed, revised once during the year |
| The request form | Type of leave, dates, reason, attachments, signature, dated reply with reasons | For every request for leave, postponement or special leave |
| The individual leave account | Days earned, taken and postponed, and the accumulation deadline | Updated every month and transferred to the employer’s register |
| The list of supporting documents | Death and marriage certificates, union invitation, pregnancy certificate, birth certificate | Handed out with the form |
Adapting the schedule to the Malian calendar
Each sector has its peak season: the rainy season for a clinic, the agricultural campaign for a cotton gin, the end-of-year holidays for a shop. Close these periods to departures, but announce it in January. Also set clear priorities, for example for employees from another region who have to travel far, and for parents during the school holidays. See Leave and closure for the end-of-year holidays.
Keeping a record
The dates of paid leave must appear in the second section of the employer’s register (Order No. 96-1566 as amended, article A.130.1), and the payroll register contains a record of absences broken down by cause (L.107). A written reply to each request, kept with these registers, prevents most disputes. For an employee who does not read French well, read the reply to them in their language and have it countersigned by a witness of their choice. See Which registers must the employer keep.
The most common mistake
Handling everything orally. A “yes” given in the corridor for a postponement proves nothing: two years later, nobody will know how many days are still owed, or whether the two-year limit has been respected.
Well-managed leave fits on three pieces of paper: the schedule, the request and the reply.
What you need to do
- Draw up the leave schedule in January and display it.
- Reply in writing to every request for leave or postponement, within a set time, for example eight days.
- Keep an up-to-date leave account for each employee and transfer it to the employer’s register.
10. A closer look: the French rules in circulation
Many ready-made answers on postponing leave come from French law. They do not exist in Mali.
| Rule often cited | The position in Mali |
|---|---|
| An employee may postpone part of her prenatal leave until after the birth | No text provides for this. The leave begins six weeks before the presumed date (L.179). |
| Paid leave is automatically postponed if the employee falls ill during their holiday | The Code does not deal with this case. For domestic workers, the decree only requires the employee to give notice with a medical certificate (D.86-22), without providing for postponement. Set the rule in writing, in an establishment agreement (L.88) or a notice made known to staff, for example: days of hospitalisation or prescribed sick leave, reported within 48 hours with a certificate, are carried forward. |
| Leave not taken by 31 May is lost | There is no such deadline. Postponement is possible at the employee’s request, up to two years (L.150). |
| Fathers are entitled to several weeks’ paternity leave | The Malian Code does not provide for it. An employee who is head of household is entitled to three days’ birth leave (Social Security Code, article 33). |
Key takeaways in 6 points
- Start by identifying the leave concerned: each type of leave has its own rules on refusal and postponement.
- For annual leave, treat postponement as an agreement: two years at most, at least eight days in the first year, never a payment instead of leave.
- Do not reschedule leave by more than three months without the employee’s written agreement, even for the proper running of the business.
- Accept neither refusal nor postponement of maternity leave: 14 weeks, including at least three before and six after the birth.
- Grant special leave, birth leave, widowhood and pilgrimage at the time of the event, and never deduct special leave from annual leave.
- Put everything in writing: a schedule in January, written requests and replies, and an up-to-date leave account in the employer’s register.