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221510/01/2023

Ruling on taking days off at the end of the year, with the supervisor’s agreement, when that is against company rules

Question: 395578

I work for a company which allows the employee 21 days off during the Gregorian year. If the year ends and the worker has not taken any days off, he is not compensated financially for that, and he cannot carry them over to the next year. Now we are working at home, without going to the office, hence we do not record our presence or absence. I still have some days off remaining from the past year; I want to take these days off, and my supervisor agrees to that, but I cannot record them as absences in the company’s system. Is that permissible, noting that the supervisor agrees to that, and he is aware of the workplace needs, or is it not permissible?

Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.

If the company regulations state that the one who does not take his days off during the year will not be compensated for them and cannot carry his days over to the following year, then the basic principle is that you should adhere to that, because the Prophet (blessings and peace of Allah be upon him) said: “The Muslims are bound by their conditions.” Narrated by Abu Dawud (3594); classed as sahih by al-Albani in Sahih Abi Dawud.

The supervisor does not have the authority to decide about that; rather the matter should be referred to the company administration.

If the supervisor prevented you from taking days off during the year because of workplace needs, then you should refer the matter to the company administration, or he should refer it to them, so that the administration can decide about your compensation or carrying over these days to the following year.

And Allah knows best.

Source

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