Dubai: Planning to go on leave anytime soon? If you are working in the UAE’s private sector, it is important to know what the law states regarding annual leaves and how and when you can apply for leave.

Article 29 of the UAE Labour Law – Federal Decree Law No. 33 of 2021 – lays down the regulations that govern the entitlement of annual leaves for private sector employees.

As per the Labour Law, a worker in the UAE’s private sector is entitled to an annual leave with full pay of not less than 30 days for each year of extended service and two days for each month, if his service term is more than six months and less than year.

Here are some of the basic provisions of annual leaves that you should keep in mind.

1. Employees must use their leaves in the year they are due

The annual leave quota becomes due in the year of service and you should ensure that you apply for the leave, in agreement with your manager or employer.

2. The leave dates are set by the employer

According to Article 29 (4) of the Labour Law, the employer may set the dates of an employee’s leave according to work requirements, and in agreement with the employee. The employer may also decide to grant leave in rotation among employees to ensure business continuity.

3. Advance notice of leave

While the final decision to grant leave rests with the employer, if you do wish to go on leave on a certain date, it is important to inform your employer at least a month in advance, to ensure that the leave is approved.

This is in accordance with Article 29 (4) of the law, which states that “The employer shall notify the worker of the specified date for his leave within a sufficient time of not less than a month”.

4. Carrying over unused leaves

According to the UAE government’s official website, an employee may, with the consent of the employer, and in accordance with company’s regulations, carry over unused annual leaves (or part of it) to the following year.

5. Leaves cannot be carried over for more than two consecutive years

The UAE Labour Law also states that the employer cannot prevent an employee from using his/her accrued annual leaves for more than two consecutive years, unless the employee chooses to carry it over or opts to receive cash compensation, in accordance with the company’s policies and the Implementing Regulations of the Labour Law.

6. If a public holiday falls during your annual leave

Public holidays or agreed leave days that fall within the annual leave period are considered part of the annual leave, according to the UAE Labour Law, unless the employment contract or company policies provide more favourable terms for the employee.

7. Leaving your job? You are entitled to be paid for unused leaves

If an employee terminates their employment before using up the assigned quota for annual leave, they are entitled to payment for any unused annual leave, regardless of its duration.

The employee is also entitled to payment for leave accrued for part of the year, calculated on the basis of his/her basic salary, according to u.ae.