Unpaid leave in the UAE allows employees to take time away from work without a salary, but it usually requires the employer’s approval. According to the UAE labor law, workers can request unpaid leave if needed. Employer’s approval is required for the unpaid leave, and without approval, it’s not possible to avail the unpaid leave.
The unpaid leaves are not mandatory entitlements like other paid leaves. However, there are scenarios where unpaid leave is given. The expert employment and labor lawyer in the UAE can guide you about unpaid leave under the UAE labor laws.
Federal Decree-Law No. 33 of 2021 on the Regulation of Employment Relations gives permission to employees who work in the private sector in the UAE to avail unpaid leave after getting the approval from the employer. This law clearly explains that unpaid leave is permitted under the UAE Labour Law, but it should be agreed upon and properly documented between both parties.
How Unpaid Leave Works in the UAE
Unpaid leave refers to temporary or unplanned, unexpected leave from work from the job or work. Paid leaves differ from the unpaid leaves. It is not an automatic statutory entitlement. It is not compulsory for the worker to get unpaid leave.
The paid leaves include the maternity leave, sick leave, annual leave, paternity leave, and more. During this tenure, employees don’t get a salary or benefits.
Besides, unpaid leave is not compulsory. However, employers have no right to put workers on unpaid leave unilaterally. Usually, the unpaid leaves are given under a mutual understanding. Consensus and agreement are needed between the worker and the employer.
Types of unpaid leaves available in the UAE:
Under the following conditions, an employee can request to avail unpaid leaves according to the UAE labor law:
Unpaid Sick Leaves:
As per the Labor laws of the UAE, every worker can seek sick leave of up to 90 days in a year. This is available after the finishing of probation time. During probation, an employee cannot get paid sick leave, but the employer can approve unpaid sick leave if supported by a medical report.
The first 15 days are paid at full salary, the next 30 days are paid at half salary, and the remaining 45 days are entirely unpaid off.
Hajj Leave for holy pilgrimage:
Muslim workers are allowed to seek hajj leaves within their employment tenure. The employees may take up to 30 days of unpaid leave to perform the holy obligation named Hajj. For Umrah, the UAE Labour Law does not support unpaid leave as a specific statutory leave entitlement. It may be treated as annual leave or unpaid leave if approved by the employer.
Hajj leaves vary from the annual paid leaves. The worker must be informed in advance about the hajj plan. This helps them to manage work. There is a total of 30 days of unpaid leave available for Hajj, which is the right of every Muslim.
The Maternity Leave and Extension:
- Private Sector:
The female workers are allowed to get 60-120 maternity leave. The UAE labor law permits them to get extended maternity leaves that are usually unpaid leaves.
They are granted to the females if the medical conditions are related to pregnancy or childbirth, or doctors have suggested them to bed rest due to any complication. 60 regular maternity leaves are allowed in private sector, where 45 days are fully paid and 15 are half paid.
- Breastfeeding: upon returning to work, new mothers are legally entitled to up to 2 paid daily breaks (totaling 1 hour) to breastfeed or express milk.
- Eligibility: Completion of one year of continuous service for full paid leaves.
- For Federal Government Sector:
There are 90 paid leaves for the employees working in federal government sector.
- Breastfeeding: Two paid hours per day for up to 6 months.
- Dubai Government & Specific Free Zones
There is a 90 days paid leave, with up to 120 days total.
What the UAE Labour Law Says About Unpaid Leave
As per the new reforms in UAE labor laws, the workers in the private sector can work under flexible working hours.
Moreover, it has also recognized the concepts of hybrid working hours, remote work from home, and other similar options that facilitate leaves for workers. Under DIFC and ADGM, the laws may vary.
In addition, the LLC and Free zone laws also differ (or can be different) for unpaid and paid leaves. Employment and labor lawyers in the UAE can explain the various jurisdictions and assist both employers and employees with unpaid leave matters. It is always a good practice to consult professional labor lawyers for legal assistance before taking any action or decision.
Federal Labour Law Rules on Unpaid Leave in the UAE
The federal law no 33 of 2021 elaborates on the unpaid leaves. It also establishes the criteria for the leaves and also differentiates paid leaves from the unpaid ones.
Further, it also explains the impact of the end of the service gratuity and its implications. The law also clearly defines the unpaid leaves and how it is excluded from the calculation of continuous service.
Additionally, it says that any worker who takes unpaid leave for months, then the gratuity calculation for that month is not calculated.
However, in some employment contracts, there is a separate agreement or settlement between the employer and the worker. Primarily, the UAE law focuses on transparency and clarity regarding the subject.
Furthermore, the law requires unpaid leaves to be fully documented in writing, which must be agreed and signed by the 2 parties in advance. The consensus and mutual agreement are encouraged as per the UAE law.
Moreover, the law emphasizes the total number of leave days and gratuity. It also shed light on the benefits during the leaves and obligations before, during, and after the leaves. They also address matters of extra working hours.
It is believed that all decisions must be mutual between the 2 parties and there is no undue pressure or coercion on either party. In case of any deadlock between the employer and worker, a complaint can be launched with MOHRE.
Why Legal Advice Matters in UAE Unpaid Leave Disputes
The UAE labor laws suggest written consent by both parties. The employer cannot force an employee to go on unpaid leave.
The professional employment lawyer in the UAE has a better understanding of the UAE laws, labour laws, statutory requirements, employment contracts, and workplace dispute procedures. The matter of unpaid leave is quite complicated, and thus mutual consent and consensus are required to avail the leaves.
Labor lawyers in the UAE understand that UAE labor laws establish no legal limitation on unpaid leave. However, the arrangement must be reasonable and acceptable to both parties.
If anyone disagrees, the complaint is lodged with MOHRE. The employee or employer can choose to file a complaint resulting from disputes.
The knowledgeable employment and labor lawyer in the UAE offers legal support to deal with the requirements of MOHRE, who can suggest a lucrative way out of a predicament.
