No Delay of Employees’ Annual Leave For More Than Two Years

The Civil Service confirmed, in an official correspondence, that postponing annual leave, whether in whole or in part, cannot exceed two years, even in cases dictated by public interest requirements.

The statement noted that the organisation of holidays is subject to precise legal controls that specify the deadlines for postponement, scheduling, and splitting.

This confirmation came in an official response to correspondence dated May 26, 2025, No. 85, which included a response to an inquiry submitted by the Chairman of the Committee on Education, Higher Education, Scientific Research, and Religious Affairs of the National People’s Assembly to the General Directorate of the Civil Service regarding complaints received from employees about their inability to utilize their deferred annual vacation balance, which ranged between 30 and 50 days depending on the region.

The Directorate also requested clarification regarding the extent to which these balances, which in some cases exceeded two years, could be utilised.

The Civil Service explained in the correspondence received by MP Ablila Afif, checked out by Echorouk, that Article 206 of Decree No. 06-03 of July 15, 2006, containing the General Basic Law of the Civil Service, prohibits postponing annual leave, in whole or in part, from one year to the next. However, the correspondence notes that the same article allows for scheduling, postponing, or splitting the leave if public interest requires or permits it, provided that the period does not exceed two years.

The same letter also recalled the provisions of Article 2 of Executive Decree No. 17-320 of November 2, 2017, as amended and supplemented, which determines the additional leave granted to employees working in the southern provinces and certain geographical areas abroad.

These employees benefit from an additional twenty (20) days on top of the legal annual leave, bringing the total to fifty (50) days. This applies to employees working in one of the southern wilayas of Adrar, Tamanrasset, Tindouf, Illizi, Bechar, Ouargla, Ghardaia, Laghouat, El Oued, Timimoun, Bordj Badji Mokhtar, Beni Abbès, In Salah, In Guezzam, Touggourt, Djanet, El Meghaier, and El Menia, who receive an additional leave of twenty (20) days, in addition to the legal annual leave for rest, i.e., fifty (50) days.

The civil service emphasised that this additional leave, although granted within a specific framework, is considered part of the annual leave and is subject to the same legal provisions regarding postponement, scheduling, or splitting, provided that the delay does not exceed two years in any case.

Respecting the deadlines for taking annual leave, as stipulated in applicable regulatory texts, is an essential element in managing an employee’s career path and ensuring a balance between administrative interests and the employee’s right to annual leave.

The various relevant departments are expected to ensure that vacations are scheduled within a reasonable timeframe that aligns with organisational constraints, without compromising individual rights guaranteed by law.

These clarifications issued by the civil service emphasize the importance of adhering to the legal framework governing annual leave, ensuring the smooth running of public services on the one hand, and preserving employee rights on the other, in a balance that takes into account the requirements of the public service and the right of individuals to rest and recovery.