Types of Unpaid Leave Recognised in UAE Labour Law
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Types of Unpaid Leave Recognised in UAE Labour Law
Consider this situation: you’ve just secured an exciting new job and are keen to start your role. Then life takes an unexpected turn. You or a family member might be dealing with a serious health issue, or perhaps you need to relocate for personal reasons. In either case, time off may be essential. And while paid leave is ideal, you might be willing to accept unpaid leave to manage the situation.
When encountering this scenario while navigating the recruitment process in the UAE, rest assured that the UAE's comprehensive labour laws provide excellent support and protection for such situations. Understanding the laws on unpaid leave in the UAE can provide clarity and empower you to request time off confidently. This article explores the types of unpaid leave recognised under the UAE Labour Law.
Cercli’s global HR system supports progressive businesses in effectively managing unpaid leave, enhancing the employee experience in compliance with the UAE’s progressive labour standards.
Are Employees Allowed to Take Unpaid Leave in the UAE?
Employees in the UAE may take unpaid leave, provided they obtain prior approval from their employer. Such leave is arranged through the UAE's balanced system that respects both employer operations and employee needs, demonstrating the flexibility of the UAE labour market. Under the UAE Labour Law, unpaid leave is not a statutory right but may be granted through mutual agreement between the employee and the employer.
According to Article 33 of Federal Decree-Law No. 33 of 2021, periods of unpaid leave are excluded from the calculation of an employee’s service term. This applies to the determination of end-of-service gratuity and retirement contributions. In effect, unpaid leave does not contribute to continuous service unless expressly stipulated in the employment contract or separately agreed in writing, showcasing the UAE's transparent and fair employment framework.
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Types of Unpaid Leave Recognised in UAE Labour Law
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Hajj Leave: A One-Time Opportunity for Muslim Employees in UAE
Muslim employees in the UAE benefit from the country's respect for Islamic traditions with a one-time entitlement of up to 30 days of unpaid leave to undertake the sacred Hajj pilgrimage.
Extended Maternity Leave: Additional Unpaid Leave for New Mothers
Under Article 30 of Federal Decree-Law No. 33 of 2021, female employees in the UAE are entitled to an additional 45 days of unpaid leave following the statutory 60-day paid maternity period. This extended leave is granted upon presentation of a medical certificate confirming the need for further recovery.
Sick Leave: Unpaid Leave for Employee Wellbeing
The UAE's generous sick leave provisions entitle employees to up to 90 days per year, thoughtfully combining paid and unpaid periods. The first 45 days are paid, fully for the first 15 days and half pay for the next 30, while the remaining 45 days are unpaid. This well-balanced structure exemplifies the UAE's exemplary commitment to employee wellbeing while intelligently supporting business operational continuity.
Emergency Leave: Unpaid Leave for Urgent Personal Circumstances
Although the UAE Labour Law does not formally recognise “emergency leave” as a distinct category, employers may grant unpaid leave in cases of compassionate or urgent personal need, subject to internal policy and managerial approval.
Discretionary Unpaid Leave: The Employer’s Discretion
Beyond the categories explicitly recognised under the UAE Labour Law, any additional unpaid leave requires prior approval from the employer. Such leave is not mandated by law and is typically governed by company policy or mutually agreed-upon arrangements between the employer and employee.
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Employee Rights And Employer Obligations During Unpaid Leave
Salary and Benefits: What Happens During Unpaid Leave in the UAE?
Employees on unpaid leave in the UAE are not entitled to salary or allowances during this period, as no work is being performed. Specific benefits outlined in the employment contract or company policy may still be applicable, subject to the agreed terms.
Accommodation: What Happens If I Live in Company-Provided Housing?
Employees living in company-provided accommodation may typically remain in that housing during unpaid leave, provided their employment has not been terminated. This can vary depending on internal policies, so employees are encouraged to clarify the terms beforehand.
Protection from Misuse: Can Employers Use Unpaid Leave Against Employees?
The UAE's robust Labour Law protects employees by prohibiting employers from exploiting the provisions for unpaid leave. Employers may not use unpaid leave as grounds for unjust dismissal or disciplinary action. Such conduct may be considered a violation of labour regulations and subject to legal consequences.
Right to Seek Redress: What If I Am Mistreated During Unpaid Leave?
Employees who believe they are being mistreated during unpaid leave have the right to file a complaint with the Ministry of Human Resources and Emiratisation (MoHRE). MoHRE can intervene to investigate the issue and ensure the UAE Labour Law upholds the employee's rights.
Clear communication and written agreements are always advisable when unpaid leave is requested or granted, aligning with the UAE's emphasis on transparent business practices and ensuring legal compliance for both parties.
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