UAE: Is there a cap on the annual leave employees can take? Can my boss ask me to split my vacation in two? – information

KT readers ask if they can take a month off

Q: Is there a cap on the amount of annual leave that UAE employees can take? Can I take a month off if I have enough paid time off? Can my boss ask me to split my vacation in two?

A: According to your inquiry, it is assumed that you are employed by a local UAE employer and you have worked for that employer for more than one year. Therefore, the provisions of the Federal Decree No. 33 of 2021 on the Employment Relationship and the Cabinet Resolution No. 1 of 2022 on the implementation of the Federal Decree No. 33 of 2021 on the Employment Relationship apply.

In the UAE, employees are entitled to 30 calendar days of paid annual leave per year. This is in accordance with Section 29(1)(a) of the Employment Act, “Without prejudice to the rights enjoyed by employees prior to the entry into force of this Act, employees are entitled to Paid annual leave of less than (30) thirty days.”

Furthermore, the Employment Act and Cabinet Resolution No. 1 of 2022 do not provide for employers to divide the annual leave of 30 calendar days in a year into two or more intervals. However, the leave allocated to the employer is determined by the employer according to his work needs and in consultation with the employee. This is in accordance with the provisions of the fourth paragraph of Article 29 of the “Labor Law”: “Workers shall use the leave in the year in which they enjoy the right to leave. Instead, the leave shall be rotated among the employees and the employee shall be notified at least (1) month in advance of the same date of leave.”

However, employees can carry over half of their annual leave to the following year. This is in accordance with Article 19(1) of Cabinet Resolution No. 1 of 2022, “In accordance with Article 29(8) and (9) of the Decree:

1. Employees can carry forward no more than half of their annual leave to the next year, or they can negotiate with the employer to receive annual leave cash subsidies according to the salary when enjoying the annual leave.

According to the above law, as an employee, he can enjoy 30 natural days of annual leave every year. However, your employer may, at its sole discretion, determine whether you may use the 30 calendar days of annual leave at one time or at varying intervals in accordance with your employer’s human resources policy.

In addition, the maximum number of days an employee can take annual leave depends on different circumstances. Under normal circumstances, employees are entitled to 30 calendar days of annual leave each year, either continuously or intermittently. According to Article 29, Paragraph 8 of the Labor Law, employers may allow employees to enjoy annual leave every two years. In addition, another situation may be that the employee has residual annual leave carried over from the previous year and the employee can take advantage of the full 30 calendar days of annual leave in the current year plus the annual leave carried over from the previous year. Previous year. As stated in the latter part of Clause 1 of Article 19 of Cabinet Resolution No. 1 of 2022 above, the employer and the employee may agree to pay a cash allowance if the employee does not wish to take advantage of the annual leave.

Ashish Mehta is the founder and managing partner of Ashish Mehta & Associates. He is admitted to practice law in Dubai, UK and India. Full details of his firm are available at: www.amalawyers.com. Readers may email questions to: news@khaleejtimes.com or to Legal View, Khaleej Times, PO Box 11243, Dubai.