Extended Eid Holiday: Is It Lawful for UAE Employers to Reject Employee Leave Requests That Merge Public Holidays with Annual Leave?
In the United Arab Emirates (UAE), the question of combining Eid holidays with annual leave is a topic of interest for many employees. Here's what you need to know about this issue, based on the UAE's Labour Law and Federal Decree Law No. (33) of 2021.
Firstly, it's important to note that employers are not obligated to approve a request to combine public holidays with annual leave. This is according to Article 13(3) and Article 29(4) of the aforementioned Decree Law. These articles grant employers the discretion to manage leave requests based on business needs and job requirements, especially for essential roles.
For instance, if your role is critical during the Eid holidays due to your managerial responsibilities, your employer may lawfully refuse your request to combine the holidays with your annual leave. This is to ensure operational needs are met, while balancing employee rights with business continuity.
However, companies employing over 50 people are required to have internal HR policies or employee handbooks outlining workplace rules, including those related to leave and holidays. If your company's policy allows combining annual leave with public holidays, your request should be considered within those guidelines.
It's always a good idea to discuss such matters with your HR department to explore a mutually agreeable arrangement. Employers in mainland Dubai also have the right to determine the dates of an employee's annual leave based on operational requirements.
On a positive note, employers in the UAE have the flexibility to adopt policies that offer more favorable terms than those stated in the law, as per Article 65(4) of the UAE Labour Law. So, if your employer has a more lenient policy regarding leave combination, you may be in luck.
In conclusion, while the UAE Labour Law does not provide a provision for employees to automatically combine public holidays with annual leave, employers retain the discretion to approve or deny such requests. It's always best to check your company's internal policies and communicate with your HR department for clarity on your specific situation.
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