Question: I am currently on annual leave and need to extend it because of an emergency. However, my employer has refused to approve the extension despite my having sufficient leave balance. What are my legal rights in this situation?
Answer: Pursuant to your query, it is assumed that you are employed by a mainland employer based in the UAE for more than one year of continuous service. Therefore, the provisions of the UAE employment law are applicable.
In the UAE, upon completion of more than 1 (one) year of service, an employee is entitled to 30 days’ annual leave per year for each completed year of service. This is in accordance with Article 29(1)(a) of the Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations (the ‘UAE Employment Law’).
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“Article (29)
1. Without prejudice to the worker’s acquired rights for the period preceding the date of enforcement of the provisions of this decree-law, the worker shall be entitled to an annual leave with full wages of not less than
a. Thirty days for each year of extended service.”
Further, it is at the discretion of an employer to decide the dates of annual leave of its employees on rotation based on the work requirements. This is in accordance with Article 29(4) of the UAE Employment Law, which states,
“The employee shall use his leave in the year of entitlement. The employer may fix the dates of leave according to the work requirements and in agreement with the employee or rotate leaves among employees for the smooth progress of work and shall notify the employee of the date of his leave at least (1) one month before the same.”
Additionally, an employee who does not return to work after the approved leave period without a valid reason is not entitled to the salary during that period. This is in accordance with Article 34 of the UAE Employment Law. The said article reads as follows:
“Article (34) Absence after the leave:
The worker, who does not return directly to his work without a legitimate reason after the end of his leave, shall not be entitled to his wage for the absence period following the leave end.”
Moreover, an employer may terminate the employment of an employee without notice in the event he or she is absent without a valid reason for 7 (seven) continuous days or 20 (twenty) non-continuous days in a year, after conducting a written investigation.
This is in accordance with Article 44(8) of the UAE Employment Law, which states, “An employer may dismiss an employee without prior notice, after a written investigation with him, and the dismissal decision shall be in writing and reasoned and given by the employer, or his representative, to an employee:
-If an employee is absent from work without a legal cause or justification acceptable to the employer for more than 20 (twenty) interrupted days in a year, or more than 7 (seven) consecutive days.”
In accordance with the aforementioned provisions of the UAE Employment Law, the approval of your extension of the leave is at the discretion of the employer, who may not accept your request for the extension if the employer has a valid reason. However, if you have a genuine reason for which you must stay back in your home country and extend the leave, you may submit valid documentary evidence (if any) to your employer which may convince the employer to extend your annual leave.
Further, if you extend your annual leave without your employer’s approval, you may face consequences such as loss of your salary and may result in termination of your employment.
Applicable laws:
Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations.
Ashish Mehta is the founder and managing partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm are on www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
Disclaimer: The information provided above is intended for general guidance and does not constitute legal advice. It is recommended to seek formal legal counsel.