Tuesday, 02 January 2024 12:17 GMT

UAE: Can Employees Take Full Annual Leave At The Start Of The Year?


(MENAFN- Khaleej Times)

Question: How is the annual leave balance calculated in mainland UAE companies? Are leave days credited at the start of the year or accrued monthly? I'm asking because I plan to take a month-long leave for my wedding in March 2026, but my HR team says it's not possible since I won't have enough leave balance by then.

Answer: In the UAE, an employee is entitled to 30 calendar days of annual leave on completion of each year of service. This is in accordance with Article 29(1)(a) of the UAE Employment Law, which states,“Without prejudice to the rights accruing to the employee prior to the entry into force of this Decree-Law, the employee shall be entitled to a paid annual leave of not less than thirty days a year for each year of service.”

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Furthermore, it is at the discretion of an employer to decide the annual leave dates of an employee. 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 one month before the same.”

Additionally, an employee may also avail unpaid leave upon obtaining the consent of his employer. This is in accordance with Article 33(1) of the UAE Employment Law, which states,“The employee may, after the consent of the employer, take an unpaid leave, other than leaves referred to herein."

Based on the aforementioned provisions of law, as an employee, your current year's annual leave may be credited to your account only upon completion of each year of employment. Your employer has the option of deciding your annual leave days based on rotation or as per your employer's internal policy.

In your case, it is assumed that during March 2026, you may not have 30 days of annual leave to your credit, as you may not have completed one year of employment in the current year. However, you may mutually agree with your employer and request that they consider it as a special case, considering the date of your marriage is already fixed. If your employer does not grant you 30 days of annual leave, then you may opt to avail unpaid leave upon obtaining the written consent of your employer.

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 on: Readers may e-mail their questions to:... or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.

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