Ask Gulf News: Can my employer deduct study leave from my annual leave in the UAE?

Question: I have been working for a company for 1 year and I have exams. I requested the 10 days of study leave that I understand is granted by law in such cases but the employer rejects and told me that it will be deducted from my annual leave. Does he have the right to do this? Please advise.

Answer: According to Article (32) of the labor law, “ The worker shall be entitled to a paid leave in the following cases: 2. The worker may be granted a study leave for a period of (10) ten working days per year for the worker who is enrolled or regularly studying at one of the educational institutions approved in the State, in order to sit for exams, provided that the service term at the employer is not less than two years. 4. In order to obtain the leaves referred to in this Article, proof of the same shall be provided from the concerned authorities.”

The educational leave is granted when the employer’s service term is not less than 2 years as per the law. Which means that the employer has the right to deduct such leave from your annual leave.

Moreover, as per Article (33) of the same law, you have the right to take un- paid leave after obtaining the approval of the employer. But such leave shall not be included in your service term at the employer or in the period of the contribution in the retirement scheme in accordance with the legislation in force in this regard.