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How are public holidays calculated when an employee takes leave before?

Dear Sir/Madam,

One of our employees applied for a one-day leave before the public holiday.

Please clarify if the following day will be calculated as leave until he returns to work.

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KHE Legal Consultancy
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4 Jul 2023, 07:17

Dear Questioner,

It can be considered as a taken leave.

4 Jul 2023, 07:18

Only that particular day.

4 Jul 2023, 09:57

According to the UAE Labour Law, public holidays and weekends are included in the calculation of the number of days of annual leave taken if they fall during the leave period.

If these do not fall within the dates of annual leave, public holidays are treated as fully-paid days off and are not counted in annual leave.

4 Jul 2023, 09:57

Confused!

4 Jul 2023, 11:40

Yes. These days are included in annual leave taken by the employee.

Hilal & Associates Advocates & Legal Consultants
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4 Jul 2023, 08:17

Dear Questioner,

The Employment Law is silent pertaining to combining leave with public holidays.

In accordance with Article 29 (7) of the Employment Law, days off prescribed by law or agreement shall be counted in and considered part of the annual leave if they fall WITHIN the dates of annual leave.

In the current situation, the public holidays do not fall WITHIN but just before or after.

In the event the company wants to avoid an extended public holiday the employee avai by taking a day before or after the leave, the company will have to issue a circular signed by all employees (referencing full name and contract number), stating that any leave taken just before or after a public holiday will be deemed to include the public holiday and will not be considered a single-or two-day leave.

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Amiri Advocates & Legal Consultants
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16 Jul 2023, 19:08

Dear Questioner,

The public holiday is calculated if the employee's leave begins before the public holiday and ends after the public holiday.

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