Last updated: 27 October 2026
Under Article 109 of the Saudi Labor Law, your employer, not you, decides when you take your annual leave. The company can set the dates to suit the work or give leave in turns, but it must tell you the date at least 30 days in advance. You cannot give up your leave or take cash instead of it while you are still employed.
The rule is being shared widely on Saudi social media this week, and many expats in Saudi Arabia are surprised by it, especially those planning a trip home for a wedding or the school holidays. Here is what the article actually says, based on the official text of the Labor Law on the Bureau of Experts site and the Ministry of Human Resources leave guide, and what it means for you.
What Article 109 of the Saudi Labor Law Says
Article 109 has two parts. In plain English:
- How much leave you get. Every worker is entitled to paid annual leave of at least 21 days a year. It rises to at least 30 days once you have worked for the same employer for five continuous years. Leave pay is paid in advance, before you go.
- When and how you take it. You must take your leave in the year it is due. You cannot give it up, and you cannot take a cash allowance instead of it during your service. The employer may set the dates according to work needs, or grant leave in turns to keep the work going, and must notify you of the date at least 30 days before.
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Your Annual Leave Rights at a Glance
| Question | Answer under the Labor Law |
|---|---|
| How many days? | 21 days a year; 30 days after 5 continuous years with the same employer |
| Who chooses the dates? | The employer, based on work needs or a rotation |
| How much notice? | At least 30 days before the leave starts |
| Can I refuse the dates? | Not on your own; you can ask the employer to agree to other dates |
| Cash instead of leave? | Not allowed while employed |
| Leave pay timing | Paid in advance, before the leave |
| Unused leave when the job ends | Paid in cash with your final settlement |
| Carry forward to next year | Possible with the employer’s approval |
Can You Refuse the Leave Dates Your Employer Sets?
Not on your own. The law gives the employer the right to plan leave around the business, which is why many companies close in quiet months or send staff on leave in turns over Ramadan, Eid or the summer. What the employer cannot do is spring the dates on you: the 30-day notice is part of the same article. In practice, most employers will move your leave if you ask early and give a reason, such as a family wedding, a child’s school holiday or Hajj leave, which is a separate leave under its own article.
Annual leave is also separate from the official Eid and National Day holidays. Those public holidays in Saudi Arabia are on top of your 21 or 30 days, so they should not be deducted from your annual leave balance.
Can You Take Cash Instead of Annual Leave?
No, not while you are working there. Article 109 bans giving up leave or taking a cash allowance in its place during service, and the Ministry of Human Resources repeats this on its leave page. The idea is that rest is a right, not a bonus. The picture changes when the contract ends: if you resign or your contract finishes with leave days still unused, the employer must pay you for them. Add those days to your claim along with your end of service benefit, and check the timing rules in our guide to resignation rules in Saudi Arabia.
Can Annual Leave Be Postponed?
Yes, within limits. The Ministry of Human Resources says annual leave, or part of it, can be moved to the following year with the employer’s approval. When the employer needs to delay your leave for work reasons, extra time limits and written consent rules apply. We cover them in detail in can annual leave be postponed in Saudi Arabia.
What to Do if Your Employer Breaks Article 109
- Keep proof: the email, letter or HR system message that set your leave date, and your contract.
- Raise it with HR in writing and mention Article 109 of the Labor Law and the 30-day notice.
- If it is not fixed, file a labour complaint with the Ministry of Human Resources and Social Development. The ministry first tries an amicable settlement; unsettled cases go to the labour court.
Workers still in their probation period earn leave too, but most employers schedule it after probation ends. If the dispute turns into unpaid wages or a serious breach of your contract, Article 81 of the Saudi Labor Law lists when you can resign without notice and keep your rights.
Frequently Asked Questions
What does Article 109 of the Saudi Labor Law say?
Article 109 gives every worker at least 21 days of paid annual leave a year, rising to 30 days after five continuous years with the same employer, paid in advance. The leave must be taken in the year it is due and cannot be given up or swapped for cash during service. The employer sets the leave dates to suit the work and must tell the worker at least 30 days before.
Can my employer force me to take annual leave on certain dates?
Yes. Under Article 109 the employer can fix the dates of annual leave according to work needs, or give leave in turns so the business keeps running. The only condition in the article is notice: you must be told the date at least 30 days in advance. You cannot refuse the dates on your own, but you can ask your employer to agree to different ones.
Can I get money instead of my annual leave in Saudi Arabia?
Not while you are still working for the employer. Article 109 says a worker may not give up annual leave or take a cash payment in place of it during service. The Ministry of Human Resources confirms this on its leave page. The exception is when the job ends: you are then paid for the leave days you did not take, as part of your final settlement.
What if my employer gives me less than 30 days notice?
Speak to HR first and point to Article 109, which requires notice of at least 30 days. Keep the message or email that fixed your leave date. If the employer will not correct it, you can raise a labour complaint with the Ministry of Human Resources and Social Development, which first tries to settle the case before it goes to the labour court.
Can annual leave be carried forward to next year?
Yes, with limits. The Ministry of Human Resources says leave, or part of it, can be postponed to the following year with the employer’s approval. An employer who needs to delay your leave for work reasons has its own rules and time limits. Our guide on postponing annual leave in Saudi Arabia explains them step by step.
Sources: Saudi Labor Law, Article 109, official text on laws.boe.gov.sa (Bureau of Experts at the Council of Ministers); Ministry of Human Resources and Social Development, annual leave guidance on hrsd.gov.sa, read 27 October 2026. This article explains the law in general terms and is not legal advice for a specific case.