Vacation rules: how should you take a vacation according to the law
There exist five types of leave of absence. Three of them the employer must give to the employee by law or under certain circumstances. In another two, the employer has the right not to let the person go.
We take a look at the article from https://layboard.in/vacancies/jobs-in-uae/jobs-in-dubai ,which tells us what these types of leave are and how long employees can take their well-deserved leave.
Annual paid leave of absence
All employees without exception who have worked for the company for at least six months are entitled to annual paid leave. The total annual leave is twenty-four calendar days, excluding non-working days and holidays.
But it may be increased by decision of the employer or in certain cases provided for by law. The second, in particular, includes the rule that every two years worked at work proportionally add two days to the basic leave. However, this term may not exceed twenty-eight calendar days.
In addition, the mother of two or more children, parents of an adopted child, a child with a disability, or a single mother are entitled to an additional 10 days of leave.
The law also provides for additional leave for work with harmful substances and for work involving difficult or special conditions. This provision extends the leave to 35 days, depending on the conditions and time of employment of the employee. But such issues should be discussed at the hiring process individually.
When can an employee go on annual leave?
According to the current legislation of different countries, including Dubai, the employer must make a schedule of planned annual leave and approve it by the order of the enterprise until a certain date of the current year (each country has a different number). Therefore, employees must agree on their own vacation schedule for the following year in advance.
The vacation plan is only an internal document of the company. Often small companies don’t even have one. Or they do it on the eve of inspections. Therefore, in practice, an employee takes leave whenever he wants, all he has to do is write an application.
The employer may grant leave both as a lump sum and at the request of the employee, dividing it into parts. At the same time, one period may not be less than fourteen calendar days. That is, the employee has twenty-four calendar days off.
Fourteen he takes all at once, leaving another ten, which can be added up later, at least one day at a time.
Since vacation is counted in calendar days, weekends (Saturday and Sunday) that fall on this period are also counted.
But state holidays declared to be non-working days do not. For example, if an employee goes on vacation for twenty-four days on March 1, he or she goes to work on the 26th because March 8 is a public holiday.
Compensation of vacation in money
The employer is obligated to pay the employee’s salary for the time he is resting. But if he does not rest because of his own will or because of some circumstances, he has the right to rest after the end of the employment relationship with the employer.
When you are dismissed, the employer is required to make the calculation on the day of dismissal and to give you your work record book. The calculation is made according to the number of days of the month that have been worked since the last wage or advance payment, including unused vacation time.
Let’s say a person has worked for a year, but has not yet taken a vacation. Therefore he is legally entitled to a leave of twenty-four calendar days. On the day of dismissal, he receives the balance of last month’s pay and an additional 24 days of unused vacation pay. The amount is accrued according to the average for the last year. It is not possible to get compensation for unused vacation days without leaving the company.
Vacation without pay
Employees may take additional leave at their own expense. As a standard, it must not last more than fifteen calendar days within a calendar year.The employer has no right to deny leave to single mothers, persons who intend to marry, people with special physical needs.
In order to arrange leave without pay, the employee needs to write an application and specify:
- The reason for the unpaid vacation;
- The start date of the vacation;
- The duration of the vacation.
If the vacation is compulsory, the employee must accompany the application with documents that support the right to vacation.
This type of leave is given to one of the parents when a child is born or adopted.
The standard duration of this leave is 126 calendar days: 70 days before and 56 days after the birth. In the case of the birth of two or more children and in case of complications after childbirth (for which the relevant certificate of incapacity for work is provided), the leave increases to 140 calendar days. This type of leave is considered compulsory and is granted on the basis of a medical report. The payment for it is made at the expense of the Temporary Disability Social Insurance Fund in the amount of 100% of the average salary according to the following process:
- The employer calculates the duration of the leave and the amount;
- Opens a separate account to credit the insurance funds;
- Fills out this application and submits it to the FSS at the place of registration;
- Receives funds to the account from the FSS;
- Pay vacation pay to the employee at the nearest payroll deadline.
It should be noted that a company does not have the right to pay assistance from its own funds, even if there is a delay in funding from the FSS. Since the transfer of paid assistance from the special account to the main account may be considered by the auditing authorities as improper use of funds. There is also parental leave to care for a child under three years of age. The so-called maternity leave. It is a woman’s right to take it. The company also pays nothing for it, but is obliged to keep the mother’s job. In some cases, this leave can be extended up to six years.
Vacation in connection with the adoption of a child
It can be taken by a man or woman from a family who has adopted a child from a maternity home or an orphaned child. This leave is paid according to the same scenario as pregnancy and childbirth leave. Its duration is 56 calendar days. If two or more children have been adopted- 70 days.
Creative and educational leaves
This type of leave is no longer mandatory. The employer can either accept or reject an application for them. Employees of enterprises, institutions, organizations, regardless of their form of ownership, who combine work at a production facility with education or scientific research, have the right to creative and educational leave. The maximum period of such leave is 6 months. But usually it is limited to 30 days.
For the period of such leave the employee retains his/her job and in most cases his/her salary. To get such leave, the employee must provide an application and a certificate from the educational institution. Legal practice shows that this type of leave is rarely seen in small businesses. More often the parties simply agree on an employee’s absence from the workplace for a certain period of time.
Periods of paid vacation are added up
The main type of leave is annual paid leave. It is mandatory and cannot be counted as part of social or educational leave. Other types of leave are simply added to it. For example, if an employee adopts a child and additionally wants to take leave at their own expense, their total annual leave will be 24 + 56 + 15 = 95 days. Situations where someone is on leave happen regularly.
Especially if there are more than ten people on staff. Therefore, plan your activities so that the work of any employee can be temporarily distributed among his or her colleagues.