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Gulf Press > Gulf > UAE > Can an employer terminate an employee for extending leave after it has been rejected?
UAE

Can an employer terminate an employee for extending leave after it has been rejected?

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Last updated: 2024/07/21 at 10:19 AM
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Annual leave entitlements in the UAE are governed by Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations. According to Article 29(1)(a) of the law, employees who have completed more than one year of service are entitled to 30 days of annual leave per year for each subsequent year. Employers have discretion in deciding the dates of annual leave based on work requirements, as stated in Article 29(4) of the law.

Employees are expected to use their leave entitlement in the year it is accrued, and employers may determine the dates of leave in consultation with employees or rotate leaves among employees for the smooth operation of work. An employee who does not return to work after the approved leave period without a valid reason is not entitled to salary during that period, as per Article 34 of the Employment Law.

In the event that an employee extends their leave without obtaining approval from their employer, they may face consequences such as loss of salary and potential termination of employment. Employers have the right to terminate an employee without notice if the employee is absent without a valid reason for 7 continuous days or 20 non-continuous days in a year, as per Article 44(8) of the UAE Employment Law.

It is essential for employees seeking to extend their leave beyond the approved period to provide valid, documentary evidence to their employer to justify the extension. If an employer refuses to approve the leave extension, the employee may face termination of employment and potential loss of salary. However, employees have the right to challenge termination if they can provide valid reasons and documents to justify their extended leave.

In conclusion, employees in the UAE are entitled to annual leave as per the country’s Labor Law. Employers have the discretion to approve or deny leave extension requests based on work requirements and valid reasons provided by employees. It is crucial for employees to communicate effectively with their employers and provide valid justification for any leave extensions to avoid potential consequences such as loss of salary or termination of employment.

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News Room July 21, 2024
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