Every worker has the right to request unpaid leave; however, it must be approved. In many cases, unpaid leave is not granted automatically, so approval is required. UAE Labour Law provides specific statutory leave entitlements, including certain unpaid leave provisions. However, general unpaid leave under Article 33 requires the employer’s approval. Federal UAE Law No. 33 of 2021 talks about unpaid leave, which defines the policy, procedure, and structure. Expert employment lawyers can be consulted to get in-depth information about unpaid leave in the UAE.
Unpaid leave may be addressed in employment contracts or workplace policies. Under Article 33 of Federal Decree-Law No. 33 of 2021, an employee may take general unpaid leave with the employer’s approval. There is no certain way of determining or calculating it in the agreement. Therefore, it is necessary to reach a consensus between employer and worker.
Nonetheless, UAE labor law permits unpaid leave, which is also allowed under UAE federal labor law. Usually, unpaid leave is granted in scenarios like emergencies. Personal commitments, serious family matters, serious health-related concerns, or education issues. Federal UAE Law No. 33 of 2021 elaborates on the worker-employer relationship and discusses in detail various crucial aspects, their enforcement, and repercussions. Professionals, who are supposed to be contacted for legal aid, are called labour and employment law advocates.
What is Unpaid leave?
It is defined as temporary absences from work that differ from paid leave. Paid leaves include sick leave, casual leave, maternity leave, annual leave, paternity leave, and so forth. During unpaid leave, an employee generally does not receive wages for the approved leave period. However, the treatment of other employment benefits depends on applicable laws, contractual terms, and workplace policies.
As per UAE labor law, it is not automatically granted. Employees may request unpaid leave under Article 33 of UAE Labour Law, but general unpaid leave is subject to employer approval. Certain other statutory leave provisions have separate eligibility requirements. Furthermore, the employer cannot put an employee on unpaid leave unilaterally. Labour and Employment lawyers can explain the entire situation as per the situation and dispute. These lawyers having expertise in UAE Labour Law. Lawyers in Emirate of Dubai, are quite helpful for MOHRE advice, litigation and settlements.
There is a need for mutual understanding whenever unpaid leave is granted by the employer. Therefore, both must agree to it. Furthermore, with changing times, new concepts of flexible working hours, work-from-home arrangements, and hybrid structures have evolved the legislation. There is a different jurisdiction for employee working at DIFC and ADGM.
Check with labor and employment lawyers in the UAE who can elaborate on LLC, Free zones, and other labor laws. They can easily distinguish between paid and unpaid leave.
UAE Labor Law and Unpaid Leave:
Article 33 of Federal Law 33 of 2021 mainly discusses unpaid leave and its criteria. It states the difference between paid and unpaid leave. Moreover, Article 33 also states that the time of unpaid leave is excluded from the calculation of service tenure. It is also applicable to EOS gratuity.
For instance, if a worker takes unpaid leave for many months, then those months will not be taken into account when calculating gratuity.
The UAE labor law focuses on fairness and transparency for every worker. The law stresses upon documenting every arrangement in written form. The documents should be signed by the employer and employee and should state the duration, leave impact, benefits during vacation time, implications on gratuity, and legal obligations. The documents talk about the employee’s responsibilities before, during, and after leave.
Types of Unpaid Leaves Available in UAE:
UAE labor Law emphasizes consensus and mutual understanding between entitlements. There is no room for coercion, pressure, or force involved. Some of the main types of unpaid leave are as follows: Hajj Leave, extended sick leave, emergency leave, extended maternity leave, immigration leaves, and much more.
Hajj Leave:
Hajj leave is allowed to Muslims employee once during the employment contract. The employer is entitled to take up to 30 days of unpaid leave for Hajj. Hajj is the holy pilgrimage for every Muslim. However, the worker must inform the employer in advance about the leave. Hajj leave is the right of every Muslim worker in the workplace.
Sick Leave:
Paid sick leave has a limit of 90 days once the worker has served the probation period. To get sick leave, medical certificates are required from an approved and licensed healthcare center, clinic, hospital, or healthcare facility. The documents are submitted to the employer.
After completing probation, an eligible employee may receive up to 90 days of sick leave per year, consisting of 15 days at full pay, 30 days at half pay, and the remaining 45 days without pay. For the first 15 days, they are entitled to receive full salary and benefits. For the next 30 days, the worker will get half of the salary. The remaining 45 days will be unpaid leave. During this time, the employee is entitled to receive no salary or benefits.
Extension in Maternity Leave:
UAE Labor Law permits female workers to receive maternity leave entitlements. Under Article 30 of UAE Labour Law, a female employee may take up to 45 additional days of unpaid absence after maternity leave if she or her child suffers from an illness resulting from pregnancy or childbirth that prevents her from returning to work. The illness must be supported by an appropriate medical certificate. Those days are normally unpaid leave, and only females are entitled to get them.
Emergency Leaves:
There is no definition of emergency leave; it caters to personal crisis, health emergency, domestic emergency, educational matters, immigration issues, and more. To get detailed information about emergency leave, consult a professional employment lawyer. They can guide you according to UAE labor law and legal limitations. They will ensure legal compliance and suggest legal solutions to proceed with the procedure.
Best Practices for Unpaid Leaves in the UAE:
It is always advised that the safest pathway to get unpaid leave is mutual consensus and a written document. Anything verbal has neither legal weight nor any value. A properly drafted agreement is needed for the employee and employer to avoid any deadlock or confusion.
Moreover, it is suggested to get your hands on a seasoned labor and employment lawyer in the UAE who understands market dynamics, federal decree laws, local regulations, and criteria. They are capable of crafting a well-written agreement between two parties that is agreed upon and also complies with UAE labor laws.
