Types of leaves According to the Egyptian law
The purpose of this Summary is to highlight the major provisions of the Egyptian Labour Law in order to create an awareness of the importance of certain issues resulting from employment relationship.
The new Labour Law No. 12 for 2003 (Labour Law) was promulgated on 7 April 2003 and came into force on 7 July 2003 and supersedes the provisions of the old Labour Law No. 137 for 1981. We note that the Executive Regulations of the Labour Law has not yet been fully enacted and in their absence, the Executive Regulations of the old labour law remain in effect.
Employees local and foreigners working in Egypt have to abide by the provisions of the Egyptian laws. As a general rule, Egyptian law supersedes and override any work regulations contrary to its provisions.
The Labour Law does not affect the acquired rights of the employees under the old Labour Law No 137 for 1981.
Types of leaves According to the Egyptian law
First: Annual leave
The duration of the annual leave is 21 days with full pay for those who have spent a full year in service, and it increases to thirty days when the worker has spent ten years in service with the employer or more. Holidays, public holidays, official events, and weekly rest.
If the worker’s period of service is less than one year, he is entitled to a leave pro rata to the period he spent at work, provided that he has spent six months in the service of the employer.
In all cases, the duration of the annual leave shall be increased by seven days for workers who work in difficult, hazardous or health-damaging jobs, or in remote areas, which shall be determined by a decision of the competent minister after taking the opinion of the concerned authorities.
Subject to the provisions of the second paragraph of Article (48) of this law, the worker may not abandon his leave.
The employer determines the dates of the annual leave according to the requirements and circumstances of the work, and it is not permissible to interrupt it except for strong reasons required by the interest of the work.
The worker is obligated to take the leave on the date and for the period specified by the employer, and if the worker refuses in writing to take the leave, his right to collect its consideration is forfeited.
In all cases, the worker must obtain an annual leave of fifteen days, of which at least six consecutive days, and the employer is obligated to settle the leave balance or the corresponding wage for it every three years at most. If the work relationship ends before the workers exhaust the balance of their annual leave, the corresponding wage is due. for this balance.
Leave may not be divided, combined or postponed for children.
Second: Casual Leave
The worker may stop work for an accidental reason for a period not exceeding six days during the year and a maximum of two days at a time, and the accidental leave is calculated from the annual leave decided for the worker.
The worker may discontinue work for an accidental reason, and the accidental reason is a reason beyond the control of the worker, and he did not enable him to report it before taking the leave for a period not exceeding six days during the year, and a maximum of two days at a time, with that leave calculated from the annual leave decided for the worker.
Third: sick leave
A worker whose illness is proven has the right to a sick leave determined by the competent medical authority, during which the worker is entitled to a wage compensation in accordance with what is determined by the Social Insurance Law.
The worker whose illness is proven in the industrial establishments to which the provisions of Articles (1) and (8) of Law No. 21 of 1958 regarding the organization and encouragement of industry apply, shall have the right to a sick leave every three years spent in service on the basis of one month with full pay, then eight months with pay equal to (75%) of his wage, then three months without pay, and that is if the competent medical authority decides the possibility of his recovery.
The worker may benefit from his frozen annual leave in addition to the sick leave he is entitled to, and he may also request that the sick leave be converted to an annual one if he has a balance allows that.
The law does not specify the number of days of leave allowed in case of illness. The competent medical authority determines the number of sick leave days that a worker whose illness is proven to be entitled to, according to each case. The treatment of sick leave in the case of health insurance for employees differs from the case of government health insurance for them.
Fourth: Official Holidays
The worker has the right to leave with full pay on holidays specified by a decision of the competent minister, up to a maximum of thirteen days a year.
The employer may employ the worker during these days if the working conditions so require, and the worker in this case, in addition to his wage for that day, is entitled to double the wage.
The worker has the right to leave with full pay on the holidays specified by a decision of the competent minister, with a maximum of thirteen days per year.
Decision of the Minister of Manpower and Immigration No. 112 of 2003, amended by Minister of Manpower and Immigration Decision No. 49 of 2009, stipulates official holidays that are considered leave with full pay.
These holidays are:
- The first day of the month of Muharram (Hijri New Year’s Day).
- The twelfth day of the month of Rabi` al-Awwal (the Prophet’s birthday).
- The first and second days of the month of Shawwal (Eid al-Fitr).
- The ninth, tenth and eleventh days of Dhu al-Hijjah (standing at Arafat and the first and second days of Eid al-Adha).
- The seventh day of January (Christmas).
- The twenty-fifth day of January (Police Day).
- Sham El-Nessim.
- Today is the twenty-fifth of April (Sinai Liberation Day).
- May 1st (Labor Day).
- The twenty-third day of July (Revolution Day).
- The Sixth of October (Armed Forces Day).
And any other official holidays for which decisions are issued by the Egyptian government.
Fifth: Hajj holidays
A worker who has spent five consecutive years in the service of the employer has the right to leave with full pay for one month to perform the Hajj or visit Jerusalem, and this leave is only once throughout his service period.
A worker who has spent five consecutive years in the service of the employer has the right to request leave to perform the Hajj or visit the Holy House, with full pay, for a period of one month. The worker is entitled to this leave throughout his service period.
Sixth: Female Worker’s leave
The female worker who has spent ten months or more in the service of the employer is entitled to a maternity leave of ninety days equal to the comprehensive wage, including the period preceding and following childbirth, provided that she submits a medical certificate indicating the date on which childbirth is likely to occur.
A female worker may not be employed during the forty-five days following childbirth.
Maternity leave is not entitled to more than two times throughout the worker’s service.
A female worker who breastfeeds her child during the twenty-four months following the date of delivery – in addition to the prescribed rest period – shall have the right to two additional periods for breastfeeding, each of which shall not be less than half an hour, and the female worker shall have the right to combine these two periods.
These two additional periods are calculated from working hours and do not entail any reduction in wages.
A working woman is entitled to a ninety-day maternity leave with compensation equal to the comprehensive wage. She is also entitled to two other periods for breastfeeding, each of which is not less than half an hour.