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The inclusion of weekends in the calculation of the annual leave

Hi,

This query is being posted to seek clarification on another query that I saw on this website.

Scenario 1:

A company is off on Friday and Saturday and one of its employees wants to take annual leave on Thu (Dec.20) ONLY. He will rejoin on Sunday (Dec. 23). His annual leave entitlement is 30 days per year.

Scenario 2:

He takes annual leave from Thu (Dec.20) to Sun (Dec. 23) and rejoins on Mon (Dec. 24).

As per Article 77 of the Labour law, the calculation of the duration of annual leave shall include national holidays specified by law or weekends if they fall within the annual leave.

For scenario 1, the advice from one of the lawyers was that 3 days will be deducted. How can the weekend be included in the annual leave as it doesn't fall BETWEEN or WITHIN the annual leave?

It falls after the annual leave. Moreover, the employee needs only one day's leave and if permitted, he would have worked on the following day but the company does not work on Friday and Saturday.

Thanks!

Abdalla Alnakhi Advocates & Legal Consultants
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13 Aug 2021, 07:51

The employee must submit his leave on Thursday only.

Or on Sunday only so that holidays are not included in the annual leave.

But if he asks for leave from Thursday to Sunday, provided that he works on Monday, then the holiday shall be included in the annual leave.

MIO Law Firm (Abu Baker Salem Advocates & Legal Consultants)
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18 Aug 2021, 08:18

Hello,

As per your query, the weekends are included in the annual leave. It is as per the law.

Kindly contact us via phone or email for further assistance.

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