Can UAE Employers Refuse to Extend Annual Leave? What employees should know about their legal rights and the risks of overstaying

Employees in the UAE who need to extend their annual leave because of an emergency may assume that having sufficient leave balance guarantees approval. However, the UAE's employment legislation makes it clear that while employees have statutory annual leave entitlements, extending an approved period of leave remains subject to the employer's consent and operational requirements.

Under the UAE Employment Law, employees who have completed more than one year of continuous service are entitled to 30 calendar days of annual leave with full pay for each completed year of service. This entitlement is provided under Federal Decree-Law No. 33 of 2021 on the Regulation of Employment Relations and applies to eligible employees in the private sector.

Although annual leave is a statutory right, the law also grants employers the authority to determine when employees may take that leave. Leave schedules may be fixed according to business requirements, and employers may rotate leave among staff to ensure the smooth functioning of the workplace. The law further requires employers to notify employees of their approved leave dates at least one month in advance, where applicable.

This means that an employee cannot unilaterally decide to extend an approved holiday, even if they have unused annual leave remaining. A request for additional leave is subject to the employer's approval, and an employer is legally entitled to refuse such a request where operational or business needs justify the decision.

Employees who encounter unforeseen circumstances, such as a family emergency, medical issue or travel disruption while on leave, should notify their employer immediately and formally request an extension. Providing supporting documents, such as medical reports, hospital records or official travel documents, may help demonstrate that the request is genuine and encourage the employer to exercise discretion in approving the additional leave.

If an employee remains absent after the approved leave period without obtaining the employer's consent, the legal consequences can be significant. Under the Employment Law, an employee who fails to return to work immediately after the expiry of approved leave without a legitimate reason is not entitled to receive wages for the unauthorised period of absence.

In more serious cases, prolonged unauthorised absence may expose an employee to disciplinary action, including dismissal. The law permits an employer to terminate employment without notice, following a written investigation, if an employee is absent without a lawful reason or an acceptable justification for more than seven consecutive days or more than 20 non-consecutive days within a year.

Employees facing unavoidable emergencies should therefore communicate with their employer at the earliest opportunity, explain the circumstances and submit any available documentary evidence supporting the request. While employers are not legally obliged to approve every request for an extension of annual leave, timely communication and credible supporting documents may assist in obtaining approval.

Ultimately, employees should not assume that unused annual leave can be taken at their own discretion. Under the UAE Employment Law, extending annual leave remains subject to the employer's approval, and remaining away from work without authorisation may result in loss of salary and, in certain circumstances, termination of employment.

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