Annual leave is an important entitlement that is supposed to be granted to every employee. While annual leave cannot be denied to an employee, the question remains: can an employer deny an extension of annual leave? There are situations in which employees may require additional time due to emergencies, flight disruptions, or personal circumstances. Are such extensions an entitlement, or are they granted solely at the employer’s discretion?

Annual Leave Entitlements Under UAE Labour Law

  1. Article 29 of the Federal Decree by Law No. (33) of 2021 Regulating Labor Relations
  2. Employees who have completed more than one year of service are entitled to 30 days of annual leave for each year of service.
  3. Annual leave is paid leave.
  4. Employees who have completed one year of service, employees who have worked for more than six months but less than one year are entitled to two days of annual leave for each month of service.

Who Decides the Dates of Annual Leave?

  1. Employees are required to take their annual leave during the year in which they become entitled to it.
  2. The employer may determine the dates of annual leave in accordance with the operational requirements of the business.
  3. The dates of annual leave may also be fixed by agreement between the employer and the employee.
  4. In order to ensure the smooth progress of work, the employer may grant leave on a rotational basis among employees.
  5. The employer is required to notify the employee of the approved leave dates at least one month in advance.
  6. Employees cannot unilaterally decide to take or extend annual leave without the employer’s approval.

 Can an Employee Extend Annual Leave Without Approval?

An employee under the UAE Labour Law cannot unilaterally decide to extend his or her annual leave. Any extension of annual leave must be approved by the employer. The employer may refuse a request for an extension if it affects the smooth functioning of the business.

If the extension is required due to a genuine reason, such as a medical emergency, flight delays or cancellations, visa or passport issues, or any other unforeseen circumstance, the employee may request an extension from the employer and provide appropriate supporting documents or medical certificates. However, such a request should be made keeping in mind that an extension of annual leave is not an employee’s right and remains subject to the employer’s discretion.

Consequences of Remaining Absent Without Approval

Under article Articles 34 and 44(8) of the UAE labour law if the employees are absent from work after the annual leave, then:

  1. They would not be entitled for the wages for unauthorized absences after the approved leave period.
  2. Employers may terminate employment without notice if the employee is absent for:
    • More than seven consecutive days; or
    • More than twenty non-consecutive days in a year.

Practical Advice for Employees

  1. Request extensions in writing.
  2. Inform your employer immediately if unforeseen circumstances arise.
  3. Keep documentary evidence.
  4. Avoid assuming that silence amounts to approval.
  5. Obtain written confirmation before extending your stay.

Conclusion

Annual leave is a right granted to employees under the UAE Labour Law; however, an extension of such leave is not an automatic entitlement. Although employees may request additional leave due to emergencies or unforeseen circumstances, the approval of any extension ultimately rests with the employer and is subject to the operational requirements of the business. Employees should therefore communicate any need for an extension at the earliest opportunity and obtain the employer’s approval in writing to avoid potential consequences, including salary deductions or termination of employment.

We at Ayesha Aldhaheri Advocates and Legal Consultants, we regularly advise and represent both employers and employees in a wide range of labour law matters. Our team assists clients with employment disputes, wrongful termination claims, end-of-service benefits, employment contracts, workplace policies, and other issues arising under the UAE Labour Law.