Navigating employee leave policies in the UAE can be challenging, especially if you need to extend your leave beyond the approved period without your employer’s consent. Understanding your rights and the legal framework is essential to avoid potential conflicts and penalties. This article outlines the key regulations regarding leave extensions and the consequences of unauthorized absences.
Question: I am on leave in my home country and need to extend my leave due to family commitments. My boss is refusing the extension. Can he reject my application if I have enough leave left? Can he fire me if I extend my leave without approval?
Answer: In the UAE, employees are entitled to 30 days of annual leave each year after completing one year of service, according to Article 29 of the Federal Decree Law No. 33 of 2021. While you are entitled to this leave, your employer has the discretion to approve or deny requests for leave extensions based on work needs.
If you extend your leave without prior approval, there are potential consequences:
- Unpaid Leave: According to Article 34, you may not be compensated for the additional days of leave beyond the approved period.
- Termination: If you are absent for more than seven consecutive days without a valid reason, your employer may terminate your employment without notice as per Article 44.
To mitigate risks, provide your employer with valid documentation to justify the need for an extended leave. While unauthorized leave can lead to salary deductions or termination, you may challenge a termination decision if you have legitimate reasons and proper documentation.
Understanding and adhering to your employer’s leave policies is crucial to maintaining good standing and avoiding unnecessary complications.
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