Annual leave is a paid employment entitlement that should be tracked throughout the employment relationship, not only when the relationship ends. In practice, employees and employers may need to address several questions: how many days are available, how is leave calculated during an incomplete year, when may leave be carried forward, and is payment due for unused days at the end of employment?
This article addresses what are an employee’s annual leave rights in Jordan, and when can they claim payment instead? It relies on the official materials identified in the research, including the Ministry of Labour’s published version of the Labour Law and the official records decision. The applicable text and its current legal status should still be checked when a specific matter is reviewed, together with the employment contract, internal regulations, and any applicable collective agreement.
Important notice: This is general educational information, not legal advice, a case assessment, or a guarantee of any outcome or amount. The result may depend on the facts, documents, and text in force at the relevant time. Professional review is advisable before taking action.
What are an employee’s annual leave rights in Jordan, and when can they claim payment instead?
The basic annual leave entitlement
Under Article 61 as reflected in the official material reviewed, an employee is entitled to 14 days of paid annual leave for each year of service, unless an agreement provides a longer period. Public, religious, and weekly holidays are not counted as part of the annual leave period.
The research material also states that the entitlement becomes 21 days after five continuous years with the employer in a situation where an agreement provides a period longer than the statutory minimum. Because the published English wording raises an interpretive question, the Arabic official text or the consolidated Official Gazette text should be checked before applying the 21-day rule to a particular employee.
Leave during an incomplete year
Where a full year of service has not been completed, the employee is entitled to leave in proportion to the period worked during that year. A practical preliminary calculation may be expressed as follows:
Estimated entitlement = 14 days × the period worked during the year ÷ 12 months.
This is an applied calculation derived from the proportional entitlement rule, not a separate mathematical formula stated in the legislation. It should therefore be checked against the employment start date, the employer’s leave-year method, leave already taken, and any more favourable contractual or internal rule.
Carrying annual leave forward
Leave for a particular year may be postponed to the following year by agreement between the employee and the employer. It is prudent to record that agreement clearly, because the official records decision refers to the carried-forward balance agreed for the following year.
The employee’s right to postponed leave expires if the following year ends without the employee requesting to use it. However, if the employer refuses a request to use postponed leave and two years pass, Article 61, as described in the research material, provides for a JOD 100 fine and payment to the employee for the annual leave. Applying this rule requires a careful review of the dates, the employee’s requests, the refusal, and whether the carryover was validly agreed.
Splitting leave and scheduling it
Annual leave does not necessarily have to be taken in one block. If it is divided, no individual period may be shorter than two days at a time. The employer may also determine leave dates during the first month of the year, while taking the requirements of the work and the employee’s interests into account.
Internal regulations may set out how leave requests are submitted and scheduled. An employer with ten or more employees must prepare internal regulations governing the workplace, which become effective after approval by the Minister or the authorised body, according to the research material. Such regulations cannot reduce the statutory entitlement or a more favourable right created by a contract or collective agreement.
Is payment due for unused leave when employment ends?
Yes. If employment ends for any reason before the employee has used the annual leave, the employee is entitled to payment for the unused days, according to the apparent meaning of the official provision described in the research material. The material expressly refers to resignation, dismissal, expiry of the contract, and other causes of termination. The actual balance and amount, however, depend on the records and the applicable documents.
An agreement by which an employee waives annual leave, or part of it, is also treated as void under the cited provision. A general waiver or a document signed at the end of employment should therefore not be treated as conclusive without reviewing its wording, context, and the payments or rights involved.
How should an employee verify the balance?
A practical review starts with a clear timeline containing at least the following:
- The employment start date and the end of each relevant service year.
- The annual leave actually taken, including its start and end dates.
- Public, religious, and weekly holidays falling within the relevant period.
- Requests, approvals, correspondence, or refusals concerning leave and carryover.
- The remaining balance and any balance carried forward by agreement.
- Any longer entitlement granted by the contract, collective agreement, or internal regulations.
The official records decision requires the employer to keep information concerning the type and duration of leave, its start and end dates, the annual leave schedule, the remaining balance, and the carried-forward balance agreed for the following year. Those records must be produced to labour inspectors on request, and inspectors must be allowed to review and copy them. Attendance records, payroll documents, leave forms, and written communications can therefore be important when the balance is disputed.
Practical steps for claiming payment
- Calculate the balance: determine the entitlement for each service year, subtract leave actually taken, and add only carryover supported by an agreement or otherwise applicable rule.
- Check the legal and contractual sources: review the current Labour Law text, the employment contract, internal regulations, and any collective agreement, since one of them may provide a more favourable entitlement.
- Make a written request: identify the employment end date, the period concerned, the estimated number of unused days, and the request for a balance statement and payment. Keep proof of sending and receipt.
- Review the records: where the balance is disputed, request the relevant documents. The research material indicates that labour inspectors may review and copy the statutory records within their authority and procedures.
- Obtain professional assessment: if the matter is not resolved, the appropriate authority and procedure should be identified based on the workplace, employment relationship, and available documents. The published research does not establish a universal deadline or single procedure, so one should not be assumed without checking.
Frequently asked questions about annual leave
Are public holidays deducted from annual leave?
No. Public, religious, and weekly holidays are not included in the annual leave period under the material reviewed. The actual dates should still be matched against the leave schedule and the employer’s records.
Can an employee waive annual leave?
An agreement in which the employee waives annual leave, or part of it, is treated as void under the cited provision. The wording and nature of any settlement or payment should nevertheless be reviewed before its legal effect is assessed.
Can a contract provide more leave than the statutory minimum?
Yes. According to the research material, a contract, collective agreement, decision, or internal regulation that grants a better right is not affected by the statutory minimum. A contractual term that attempts to waive a legal right is treated differently and requires specific review.
Which document matters most at the end of employment?
No single document decides every case. The review normally begins with the employment contract, leave register, requests and approvals, payroll records, carryover correspondence, and the employment end date, compared with the applicable official text.
A conclusion for professional review
The general rule is 14 days of paid annual leave for each year of service, with proportional entitlement for an incomplete year and no inclusion of public, religious, or weekly holidays in the leave period. Leave may be carried forward by agreement to the following year. Payment may be due for unused leave when employment ends, and the research material also identifies a specific payment consequence where postponed leave is refused and the stated period passes.
The practical answer, however, cannot be determined from the number alone. Service dates, leave records, requests, agreements, the employment contract, internal regulations, and the officially applicable text all matter. Organising those documents and seeking a professional review from the office of attorney Yasmeen Abu Hadba can help clarify the balance and the appropriate next step before a final demand or employment dispute procedure is initiated.
