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 that preserves his rest and balance between work and life.
How many days of annual leave?
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 5 consecutive years of service with the same employer.
The annual leave is calculated in Gregorian days, not Hijri.
What is the wage during the annual leave?
During the annual leave, the worker is entitled to his full wage, including allowances and bonuses that he regularly receives. The employer may not deduct from the worker’s wage during his annual leave.
When is the employee entitled to annual leave?
The worker is entitled to annual leave after completing one full year of work with the employer. However, the worker may take his leave after 6 months by agreement with the employer, and the due days are calculated based on the period he has spent.
When is the annual leave schedule determined?
The employer determines the dates of annual leave according to the interest of work, taking into account the wishes of the worker. If the two parties do not agree, the employer has the right to set the final date.
Do official holidays count against annual leave?
No. Official holidays and festivals are not counted against annual leave days. If an official holiday falls during the annual leave, it is not counted against the leave balance.
Carrying over and cash compensation of annual leave
The worker may, with his written consent, carry over the leave or part of it to the following year. As for cash compensation for leave (leave allowance), it is paid upon the end of the employment contract if the worker has not taken his due leave, and the allowance is calculated based on the actual wage.
Leave in the first year of work
If the worker has not completed a full year, he is entitled to annual leave proportional to the period he has spent at work. For example: a worker who has worked for 6 months is entitled to 10.5 days of leave.
Frequently Asked Questions
Can the employer reject an annual leave request?
Yes, the employer has the right to reject or postpone the leave if the interest of work requires it, but the worker may not accumulate more than two years of leave without taking it.
Does illness during annual leave stop its calculation?
If the worker falls ill during his annual leave and submits an approved medical report, the annual leave is suspended and sick leave is calculated according to the system.
What if the employee resigns before taking his leave?
In case of resignation or termination of the contract, the employer must pay the remaining leave allowance to the worker for the days he has not taken.
Does annual leave include Friday and Saturday?
If the work system in the establishment is 5 days a week, the annual leave is calculated in Gregorian days and includes weekly days off. The most 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 can 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.
