In the scenario described, an employee who took leave and returned seven days late due to urgent work in their home country had their salary deducted for the seven days. According to Article 34 of the Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations, an employee who does not report to work after the end of their leave without a valid reason may not be entitled to their salary for the period they are absent after the expiry of the approved leave.
The law also allows for employees to carry forward their annual leave to the following year with the consent of the employer and based on the company’s bylaws. However, it is not clear whether an employee can adjust their balance of annual leave if they take additional leave immediately after their approved leave expires. If the employer has not confirmed in writing that the salary will not be deducted for the additional days taken due to an emergency, they may deduct the salary for those days.
If the employer’s HR policy mentions that employees can avail additional leave in case of an emergency and adjust it later, then the employer may not deduct the salary for the emergency leave taken. The employee can approach the employer to request not to deduct their salary for the emergency leave taken and adjust it with the remaining annual leave.
In case of uncertainty or dispute, the employee can seek advice from the Ministry of Human Resources and Emiratisation or consult an independent legal advisor. The Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations is applicable in this case. It is advisable for employees to be aware of their rights and responsibilities regarding leave and salary deductions to avoid any misunderstandings or conflicts with their employer.
