Two leave questions come up in almost every UAE workplace dispute: "how many days am I actually owed?" and "can my employer refuse?". Both have precise legal answers that many HR departments get wrong, sometimes honestly, sometimes not.
Here is what Federal Decree-Law 33 of 2021 guarantees you, and where the common tricks hide.
Annual leave: 30 days, and when it starts
Your entitlement builds in two stages:
- After 6 months of service: 2 days of leave per month.
- After 1 full year: 30 calendar days per year.
The days are calendar days, so weekends inside your leave block count. Public holidays that fall during your leave are separate paid days and should not be deducted from your balance.
Three rules worth memorising:
- Leave is paid at your full wage, and you should receive your leave salary before you go if you request it.
- Your employer can schedule leave according to business needs, but must give reasonable notice. What they cannot do is simply cancel the entitlement.
- Unused leave on exit must be cashed out, calculated on your basic salary. During employment, carry-over and encashment need mutual agreement, and leave generally should not be pushed beyond the following year.
If you are still in probation, you accrue leave but usually cannot take it until the 6-month mark.
Sick leave: the 90-day scale
After probation, you are entitled to up to 90 days of sick leave per year, paid on a sliding scale:
- Days 1 to 15: full pay
- Days 16 to 45: half pay
- Days 46 to 90: unpaid
The 90 days can be taken continuously or in separate spells across the year. Two conditions apply. First, notify your employer within 3 days of falling ill. Second, provide a medical certificate from an approved provider. Miss either and the absence can be treated as unauthorised.
Key restrictions:
- No paid sick leave during probation. Your employer may grant unpaid sick leave instead.
- Illness caused by your own misconduct (the law's example is intoxication) is unpaid.
- Being dismissed purely for taking certified sick leave within the 90 days is unlawful, and can support an arbitrary dismissal claim. An employer may lawfully end the contract only after you exhaust the full 90 days without returning.
Worked example: what a leave balance is worth
Say your basic salary is AED 12,000 and your total package is AED 16,000, and you resign with 12 days of unused annual leave.
Daily basic rate: 12,000 ÷ 30 = AED 400. Encashment: 12 × 400 = AED 4,800, paid with your final settlement alongside gratuity. Note the calculation uses basic salary, another reason the basic-versus-allowances split in your contract matters.
When your employer refuses or "loses" leave
- Put the request in writing and keep the refusal in writing too.
- Check your payslips and leave system each quarter; balance "corrections" are easier to fight when caught early.
- Raise a MOHRE complaint if leave or leave salary is withheld. The route is the same as for unpaid wages, described in our MOHRE dispute guide.
Key takeaway
You are owed 30 calendar days of paid annual leave a year and up to 90 days of sick leave on the 15 full, 30 half, 45 unpaid scale. Unused annual leave converts to cash at your basic daily rate when you leave, so keep your balance documented.
FAQ
Can my employer force me to take annual leave?
Yes, employers can set leave timing for operational reasons with reasonable notice, and some schedule company-wide shutdowns against balances. They cannot use scheduling to erase or underpay the entitlement.
Do public holidays during my annual leave count against my balance?
No. Public holidays are a separate paid entitlement, so days like Eid falling inside your leave block should not be deducted from your 30 days.
Is sick leave paid during probation?
No. The paid sick leave scale only applies after you complete probation, though your employer may agree to unpaid sick days during it.
Can I be paid instead of taking annual leave?
During employment only by mutual agreement, and it is a poor habit; rest is the point. On termination or resignation, encashment of unused days at basic salary is mandatory.
