Question: I am currently on leave in my home country and am scheduled to return to my workplace in Dubai on July 29. However, due to urgent family commitments, I need to extend my leave. My boss is not approving the extension. If I have unused leave, can he deny my extension request? Can he terminate my employment if I extend my leave without his consent?
Answer: In the UAE, after completing more than one year of service, an employee is entitled to 30 days of annual leave per year, as stipulated by Article (29) (1) (a) of Federal Decree Law No. 33 of 2021 on Employment Relations. Article (29) (1) states that an employee is entitled to at least 30 days of paid annual leave for each year of service. Additionally, the employer has the discretion to determine the dates of annual leave based on work requirements, as per Article (29) (4) of the UAE Employment Law.
Furthermore, an employee who fails to return to work after the approved leave period without a valid reason is not entitled to salary during that period, according to Article 34 of the Employment Law. Moreover, an employer may terminate an employee without notice if the employee is absent without a valid reason for 7 consecutive days or 20 non-consecutive days in a year, as stated in Article 44(8) of the UAE Employment Law.
Therefore, the approval of your leave extension lies with your employer. He may reject your request if he has valid reasons, as he has already approved the annual leave you are entitled to. However, if you have a genuine reason for extending your leave, you may present valid documentary evidence to your employer and persuade him to grant the extension.
If you extend your leave without your employer's approval, you may face consequences such as loss of salary and potential termination of employment. However, if your employment is terminated, you may challenge the termination if you have valid reasons and documents to justify the extension of your annual leave without your employer's consent.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practice law in Dubai, the United Kingdom, and India. For more details about his firm, visit www.amalawyers.com. Readers can email their questions to news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
