Can Your Employer Legally Reject Your Annual Leave Despite Giving Notice?

In the UAE, the approval of annual leave is largely at the employer's discretion, even if the leave application was submitted well in advance. This situation can be challenging for employees who have made travel plans based on their leave requests.

Employer's Discretion and Legal Framework

According to Article 29(4) of Federal Decree-Law No. 33 of 2021 on the Regulation of Employment Relations, employers have the right to set the dates of annual leave for their employees based on work requirements.

The law states, "The employee shall use his leave in the year of entitlement. The employer may fix the dates of leave according to the work requirements and in agreement with the employee, or rotate leaves among employees for the smooth progress of work, and shall notify the employee of the date of his leave at least one month before the same."

This means that despite applying for leave two months in advance, your employer can legally reject your request if it conflicts with the company's operational needs or if leave rotations are necessary to ensure the smooth running of the business.

Employer's Obligation to Grant Leave

However, the law also mandates that employers must grant annual leave at least once every two years unless the employee agrees to carry forward the leave or receive payment instead of leave.

Article 29(8) of the UAE Employment Law specifies, "The employer may not prevent the employee from using his accrued annual leave for more than two years unless the employee wants to carry it over or be paid in place of leave according to the Establishment bylaws and as specified by the Executive Regulations of this Decree-Law."

Handling Leave Rejection

If your leave has been pre-approved in writing and then rejected, your employer might be obligated to cover any non-refundable travel expenses you incurred based on the approved leave.

While the UAE Employment Law and subsequent ministerial decrees do not provide explicit remedies for such cases, having written approval can strengthen your position in negotiations with your employer.

Recommendations for Employees

To avoid potential financial losses and ensure your travel plans are not disrupted, it is advisable to:

* Obtain written pre-approval for your annual leave from your employer.

* Plan your vacation only after receiving this written confirmation.

* Keep records of all communications and approvals regarding your leave.

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