Question:
I work in a managerial role at a mainland Dubai company. With the upcoming Eid holidays, I want to extend my break by combining it with my annual leave. Can my HR department refuse my request, citing my job responsibilities?
Answer:
Yes, under UAE Labour Law, employers have the right to determine the dates of an employee’s annual leave based on operational requirements. While you may request to combine public holidays with annual leave, your employer is not obligated to approve it—especially if your presence is deemed essential due to your managerial responsibilities.
This authority is grounded in Article 29(4) of Federal Decree Law No. (33) of 2021 on the Regulation of Employment Relations, which 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 (1) one month before the same.”
In addition, companies employing over 50 people are required to have internal HR policies or employee handbooks outlining workplace rules, including those related to leave and holidays. This is under Article 13(3) of the same law, which mandates:
“The employer shall put in place internal work regulations, including work instructions, sanctions, promotions, benefits and other bylaws and internal regulations pursuant to the controls set by the executive regulations of this decree law.”
If your company's internal policy explicitly allows combining annual leave with public holidays, then your request should be considered within those guidelines. This is supported by Article 65(4), which permits employers to adopt policies that offer more favorable terms than those stated in the law:
“The Employer may establish and put in place organisation bylaws and programmes in the Establishment that would be more beneficial to the employee... In the event of a conflict between such programmes and bylaws and the provisions of this Decree-Law, conditions that are more beneficial to the employee shall apply.”
Your employer can legally refuse your request if your responsibilities require your presence at work or if the company’s internal policies do not support combining annual leave with public holidays. However, you are encouraged to discuss the matter with HR to explore a mutually agreeable arrangement.
News Source: Khaleej Times
