If an employee is absent for 1 month, will it affect his due date for paid leave after 1 year?

Greetings,

Absence does not affect the date of annual leave, as the actual start date of work is what matters.

Dear Questioner,

In the UAE, an employee's absence for any reason generally doesn't directly affect their eligibility or due date for paid leave entitlement earned after one year of service.

However, companies might have internal leave policies that specify how absences are treated for leave entitlement calculations.

They can follow their policies. If you need further clarification, you may contact us.

An administrative investigation must be conducted with the employee, after which the employee may be deprived of leave.

Welcome dear,

During each year of service, the worker is granted annual leave that may not be less than the following periods:

a. Two days for each month if the worker’s period of service is more than six months and less than a year.

b. Thirty days every year if the worker’s period of service exceeds one year.

In the event that the worker’s service ends, he is entitled to annual leave for fractions of the last year.

Jasim Al Haddad Law Firm

Legal Counsel and Consultations

Dear Questioner,

In many organizations, including those in the UAE, an employee's entitlement to annual paid leave is typically calculated based on the length of service completed by the employee.

If an employee is absent from work for one month, it may potentially affect the accrual of their annual leave entitlement.

Here are some points to consider in this scenario:

1. Impact on Annual Leave Calculation:

Absences from work, especially if unpaid or if they exceed the company's policy on authorized leave, can impact an employee's entitlement to annual leave.

In some cases, an employee may need to complete a specific period of active service to be eligible for paid leave.

2. Company Policies:

It is important to review your organization's policies and the terms outlined in your employment contract regarding the calculation of annual leave entitlement.

Some companies may have specific rules on how absences, including unauthorized or prolonged leaves, are factored into the calculation of annual leave.

3. Accrual of Leave Entitlement:

In many cases, employees earn annual leave entitlement based on the actual period of service or presence at work.

If an employee is absent for a significant period, this absence may impact the accrual of their leave entitlement, potentially postponing the due date for their paid leave.

4. Communicate with HR:

If you have concerns about how a particular absence may affect your annual leave entitlement, it is advisable to communicate with your HR department.

They can provide you with clarity on how your absence will be treated and how it may impact your entitlement to annual leave.

5. Leave Balance Reconciliation:

After returning to work following an absence, it is recommended to review your leave balance with your HR department to ensure that any adjustments resulting from the absence have been accurately reflected in your annual leave entitlement.

It is essential to understand your rights and entitlements regarding annual leave in accordance with your employment contract and company policies.

If you anticipate a prolonged absence or if you have already been absent for a significant period, clarifying how this may affect your annual leave accrual with your HR department would be advisable.

This will help ensure that you are informed about any potential impacts on your leave entitlement and can plan accordingly.