The annual leave is a fundamental right for every employee working in the Saudi private sector. It is regulated by the Saudi Labor Law issued by the Ministry of Human Resources and Social Development and is considered one of the most important rights of the worker, preserving their rest and balance between work and life.
How many days of annual leave are there?
Article 98 of the Saudi Labor Law states that:
- 21 days of paid annual leave for every worker who has completed one full year of service with the employer.
- 30 days if the worker has completed five consecutive years of service with the same employer.
The annual leave is calculated in Gregorian days, not Hijri.
What is the pay during annual leave?
During annual leave, the worker is entitled to their full salary, including any regular allowances and bonuses. The employer may not deduct from the worker’s salary during their annual leave.
When is the employee entitled to annual leave?
The worker is entitled to annual leave after completing one full year of service with the employer. However, the worker may take leave after six months with the employer’s agreement, and the days are calculated based on the duration worked.
When is the annual leave schedule determined?
The employer determines the dates of annual leave based on the interests of the work, taking into account the worker’s preferences. If the two parties cannot agree, the employer has the right to set the final date.
Are official holidays deducted from annual leave?
No. Official holidays and festivals are not counted against the annual leave days. If an official holiday falls during the annual leave, it is not deducted from the leave balance.
Carrying over annual leave and cash compensation
With the worker’s written consent, they may carry over the leave or part of it to the following year. Cash compensation for leave (leave allowance) is paid upon the end of the employment contract if the worker has not taken their entitled leave, and the allowance is calculated based on the actual salary.
Leave in the first year of work
If the worker has not completed a full year, they are entitled to annual leave proportional to the duration worked. For example: a worker who has worked six months is entitled to 10.5 days of leave.
Frequently Asked Questions
Can the employer reject an annual leave request?
Yes, the employer may reject or postpone the leave if the interests of the work require it, but the worker may not accumulate more than two years of leave without taking it.
Does illness during annual leave stop the leave count?
If the worker falls ill during their annual leave and submits an approved medical report, the annual leave is paused and sick leave is counted according to the system.
What if the employee resigns before taking their leave?
In case of resignation or contract termination, the employer must pay the remaining leave allowance for the days the worker did not take.
Does annual leave include Friday and Saturday?
If the work system in the establishment is five days a week, the annual leave is calculated in Gregorian days and includes weekly days off. The important thing is that the worker gets 21 actual working days.
Can companies grant more than 21 days of leave?
Yes, the establishment may grant its employees more leave than what the system stipulates. The system only sets the minimum, and companies may improve the benefits.
Summary
Annual leave is a statutory right for every employee in Saudi Arabia and cannot be waived. Article 98 of the Labor Law is clear: 21 days in the first five years and 30 days thereafter. Know your rights and do not hesitate to contact the Ministry of Human Resources and Social Development if you feel your rights are being violated.
