Question: I am employed at a private company in Dubai. Under which conditions might my leave request be denied? I submitted my leave application two months ago, purchased flight tickets, and arranged my travel plans. Yet, my supervisor now indicates he will refuse it. Is this action permissible by law? Are there any steps I can take to address this situation?
Answer: Within the UAE, the employer has the authority to determine the timing of annual leave for employees, taking into account the needs of the business. This is supported by Article 29(4) of Federal Decree Law No. 33 of 2021 concerning Employment Relations, which stipulates, “The employee shall utilize his leave in the year it is due. The employer can set the dates of leave in alignment with work demands and in concurrence with the employee, or distribute leaves among employees to ensure smooth business operations, and must inform the employee of the leave date at least one month in advance.” However, the employer is required to provide annual leave to the employee at least once every two years, unless the employee opts to roll over the leave or receive payment in lieu, as per Article 29(8) of the UAE Employment Law.
Given these legal stipulations, your employer might refuse your annual leave due to operational needs and the rotation of leave among other staff members, provided there is a valid reason. However, if your employer has previously agreed in writing and approved your leave, they might be obliged to compensate for the cost of the airline tickets you have already purchased for the intended leave period. The UAE Employment Law and subsequent ministerial decrees do not explicitly outline the recourse available to employees in such scenarios.
Hence, it is advisable to secure written pre-approval for your leave from your employer before making any vacation plans to prevent financial losses in the future.
