Can employer in UAE deny annual leave? Here's what the law says

Khaleej Times

16 hours ago

Question: I am planning to take a vacation this summer, but my boss is rejecting my leave request, as others on the team have already booked the dates. However, I would like to take my leave and travel. Is this for employers who reject leave applications?
Answer: It is assumed that the mainland company you are employed with is employing more than 50 employees.
In the UAE, it is at the discretion of an employer to determine the annual leave dates of its employees based on operational requirements or in mutual agreement with the employees. An employer must inform an employee of their annual leave dates (start date and end date) at least one month before the annual leave commences.
This is by Article 29 (4) of Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations, 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.'
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Furthermore, an employer may not prevent an employee from availing of annual leave that has been carried over for more than two years unless the employee chooses to postpone it or receive a cash allowance instead of the annual leave, according to the HR/internal policies in place at the workplace and applicable regulations.
This is by the Article 29 (8) of the UAE Employment Law, 'The employer may not prevent the employee from benefiting from his annual leave accrued for more than two years unless the employee wishes to carry it forward or receive a cash allowance for it, by the regulations in force at the establishment and the Implementing Regulation hereof.'
Based on the aforementioned provisions of the UAE Employment Law, your employer may reject a leave request if it overlaps with the pre-approved leave of other employees and affects the smooth functioning of your employer. Therefore, you may discuss the matter with your employer and consider suggesting alternative dates or adjusting the dates of your vacation which are acceptable to 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: www.amalawyers.com. Readers may e-mail their questions to: [e-mail] or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.