Question:
Combining parental leave and annual leave in the UAE: is it permitted?
Answer:
The UAE has implemented a comprehensive labour code under Federal Decree-Law No. 33/2021 to regulate labour relations in the country. This law outlines various types of leaves, including parental leave and annual leave, for the benefit of workers in the UAE.
However, questions may arise about whether it is permissible to combine these leaves, and what the regulations state regarding such combinations. In this article, we will explore the legal provisions in Federal Decree-Law No. 33/2021 and Cabinet Decision No. 1/2022 on the subject of combining parental leave and annual leave in the UAE.
Annual Leave and Parental Leave:
Under the UAE labour law, Article 29 specifies that workers are entitled to annual leave based on their length of service. It is a fundamental right that grants workers time off for rest and relaxation. For example, for each year of extended service, a worker is entitled to 30 days of annual leave.
Furthermore, the law may allow workers to carry over their leave to the following year with the approval of the employer, subject to applicable regulations.
On the other hand, parental leave is an important benefit provided to workers in the UAE. According to Article 32 of Federal Decree-Law No. 33/2021, a worker, whether a father or mother, is entitled to parental leave for a period of 5 working days to take care of their child. This leave can be taken continuously or intermittently within a period of 6 months from the date of the child’s birth.
Combining Parental Leave and Annual Leave:
The question of whether it is permitted to combine parental leave and annual leave is addressed in Cabinet Decision No. 1/2022, which provides the implementing regulations for Federal Decree-Law No. 33/2021. According to Cabinet Decision No. 1/2022, combining parental leave and annual leave may be possible under Article 21 (5).
The Cabinet Decision No. 1/2022 includes that bereavement leave, parental leave, annual leave, and unpaid leave may be combined. However, it is essential to follow specific guidelines for this combination. As per Article 21 (4), when combining parental leave with annual leave, the worker must submit proof of the birth of their child for parental leave.
Furthermore, the Implementing Regulation, as stipulated in Article 32 of Federal Decree-Law No. 33/2021, contains additional provisions related to the granting and regulation of leaves. These provisions may provide further guidance on the conditions and procedures for combining these leaves.
Conclusion:
In the UAE, combining parental leave and annual leave is permissible as long as the necessary conditions and procedures are followed. It is important for workers to be aware of their rights and responsibilities regarding leave entitlements and to follow the regulations specified in Federal Decree-Law No. 33/2021 and Cabinet Decision No. 1/2022.
