I take one leave but my company counts it as two. What can I do?
What does the UAE Labour Law say about leaves before official holidays?
Dubai: Have you ever applied for a day off right before the weekend or a public holiday? If so, what are your rights as a worker in the UAE if your company adds the official holidays against your annual leave quota as well?
A Gulf News reader wrote in raising this concern.
She said: “I have a query regarding taking leaves at work. I work in the private sector, and I have been told by my HR department that if I take a day off before the weekend, it will be considered as a two-day leave in the system. We have a two-day weekend – Saturdays and Sundays, but if I apply for leave on a Friday, they consider Saturday as a leave as well. Is this legal? I also have this concern regarding the sick leave polices. I met one of my friends recently, and she asked the same query about medical leave. Could you please clarify what the UAE Labour Law says about this?”
Gulf News raised the query with Hari Wadhwana, an associate at Dubai-based law firm OGH Legal, who clarified what the UAE’s labour law – Federal Decree-Law No. 33 of 2021 – stipulates.
“Firstly, it is important to understand that annual leaves and sick leaves under Federal Labour Law are calculated on calendar days and not actual working days, unless the employer and employee agree otherwise. On the issue of annual leave, the important date is when does the leave begin and not when the leave is requested. For example, if the employee would go on leave on Friday and return on Monday, then only Friday would count as annual leave. Alternatively, if the employee would return on Tuesday, then Friday, Saturday, Sunday and Monday would be counted as annual leaves,” he said.
The important date is when does the leave begin and not when the leave is requested. For example, if the employee would go on leave on Friday and return on Monday, then only Friday would count as annual leave. Alternatively, if the employee would return on Tuesday, then Friday, Saturday, Sunday and Monday would be counted as annual leaves.
‘Sandwich leave’
This is on the basis of Article 29 (7) of the Federal Labour Law which states: “The holidays prescribed by law or by agreement are included in the calculation of the annual leave period if they fall within the annual leave of the worker and they form a part thereof, unless the employment contract or the regulations in force at the establishment provide for anything that is more useful for the worker.”
This is what is commonly referred to as ‘sandwich leave’ – if an official holiday falls within your applied leave dates, it will be considered as part of the allotted leave days.
However, if you are taking a day off before the weekend, and joining work at the start of the week, the said Article would not be applicable.
Employee rights
Wadhwana advised readers to follow due process in case an employer adds the weekend to a day of leave. While employees can raise a labour complaint with the Ministry of Human Resources and Emiratisation (MOHRE), speaking to your human resources (HR) department first is advisable.
“Before escalating with MOHRE or the Freezone labour department, it may be worth speaking with HR to understand the rationale of the policy. Also, show the HR the above labour provisions,” Wadwana said.