UAE: Thinking of extending your Eid Al Fitr Break? Here’s why you shouldn’t ‘Sandwich’ your leave

Dubai: With Eid Al Fitr falling on a Sunday this year, the UAE government has declared Monday and Tuesday as public holidays, with work resuming on Wednesday, April 2. If you are considering maximising your leave for an extended break, it’s essential to understand how leave policies work -particularly when a working day falls between a weekend and a public holiday.

So, can you apply for leave on that day to enjoy a longer, uninterrupted holiday? And if so, will all those days be counted as part of your leave entitlement? Before making any plans, here’s what you need to know.

Before requesting time off, check whether your annual leave is calculated in calendar days or working days. This distinction can significantly impact how you plan your holidays.

“Under Federal Decree-Law No. 33 of 2021, employees in the UAE are entitled to 30 days of annual leave per year of service. However, it is crucial to understand how leave is calculated, as this determines whether public holidays are included,” explained Mohamed El Masry, an associate at Al Suwaidi & Company in a previous Gulf News article.

“For calendar-day calculations, public holidays that fall within your leave period are counted as part of your annual leave. For example, if you take 10 calendar days off that overlap with two public holidays, those holidays are included within your 10-day leave period,” he added.

According to Article 29 (7) of the Federal Labour Law: “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 commonly referred to as ‘sandwich leave.’ If an official holiday falls within your applied leave dates, it will be considered part of your allotted leave days. However, if you take leave only before a weekend and return to work at the start of the following week, this rule does not apply.

El Masry cautioned employees against applying for leave both before and after a public holiday, as this would trigger Article 29(7) of the Labour Law.

“For instance, if a three-day public holiday runs from Tuesday to Thursday, and an employee applies for leave on Monday (before the holiday starts) and Friday (after the holiday ends), then the entire period, including the public holidays will be deducted from their annual leave,” he explained.

While employees are entitled to public holidays with full pay under Article 28 (1) of the UAE Labour Law, combining annual leave with public holidays requires employer approval.

Article 29 (4) of the Labour Law states that an employer has the right to accept or reject a leave request based on work requirements.

Additionally, late submissions or frequent attempts to bridge holidays may result in a leave request being denied.

According Nandini Nadarajah Navaseelan, a Dubai based HR director with over 20 years experience in UAE including GCC and Pakistan, you need to keep the following advice in mind when trying to maximise your leave:

“Providing advance notice is a legal obligation in the UAE, however requirements vary by leave type and company policy, therefore key is planning, preparation of handover and meeting work commitments. It is also noteworthy to refer to one’s company policy and their employment contract on leave approvals and its procedure,” she highlighted.