Understanding Unpaid Leave in the UAE Labour Law 2025 - How Many Days You Can take Unpaid Leaves in UAE

25-12-2024

The UAE Labour Law is designed to protect the rights of employees working in the private sector across the country. Established by the Ministry of Labour under Federal Law No. 8 in 1980, this legal framework ensures fair treatment for employees while maintaining the interests of employers. Over the years, updates have been made to keep the law aligned with the evolving work environment and international standards.

When it comes to unpaid leave in the UAE, the law provides clear guidelines to help employers and employees navigate situations where workers need time off without pay. Whether it’s for personal reasons, emergencies, or religious obligations like Hajj, unpaid leave is an important aspect of workplace rights in the UAE. Employers must follow these rules to ensure compliance, while employees should understand their rights to avoid misunderstandings.

This guide explores everything you need to know about unpaid leave in UAE Labour Law, including how it works, what rules apply, and how businesses and employees can handle it. By understanding these details, both employers and employees can make informed decisions while maintaining a fair and respectful working relationship.

1. If you’re a business owner, ensure compliance with unpaid leave rules to avoid legal issues.
2. Managers must communicate policies clearly to employees for smooth operations.
3. Employees should familiarize themselves with their rights and obligations under the law.

If you’re a business owner, manager, or employee in the UAE, this information will help you stay updated with the latest laws and ensure smooth handling of unpaid leave requests.

Types of Unpaid Leave in Labour Law UAE

Hajj Leave:

Eligibility: Employees who wish to perform Hajj, the Islamic pilgrimage, are entitled to unpaid leave. Duration: Up to 30 days. Frequency: This leave can be taken only once during the employee's tenure with the current employer.

Maternity Leave:

1. Paid Leave: Female employees are entitled to 60 days of maternity leave, with 45 days at full pay and the remaining 15 days at half pay.
2. Extended Unpaid Leave: After the paid maternity leave, if the employee is unable to return to work due to health reasons related to childbirth, she is entitled to an additional 45 days of unpaid leave. This extension requires a medical certificate confirming her inability to resume work.

Sick Leave:

1. Paid Sick Leave: Employees are entitled to a maximum of 90 days of sick leave per year: the first 15 days at full pay, the next 30 days at half pay, and the remaining 45 days without pay.
2. Unpaid Sick Leave: If the employee exhausts the paid sick leave and is still unable to resume work, any additional sick leave taken will be unpaid.

Emergency Leave:

The UAE Labour Law does not specifically provide for emergency leave. However, employers may grant unpaid leave for emergencies at their discretion. The terms and conditions for such leave should be clearly outlined in the company's internal policies.

Read more about types of Leaves in UAE Labour Law: Annual Leave in UAE

Other Leaves Policies to Know

Annual Leave:

1. Employees are entitled to 30 days of paid annual leave after completing one year of continuous service.
2. For employees who have completed six months but less than a year, they are entitled to two days of paid leave for each month worked.
3. Unused annual leave can be carried forward to the following year with the employer’s approval, but it must be used within two years.

Sick Leave:

Details about sick leave entitlements were not specified.

Compassionate Leave:

1. Employees are entitled to paid compassionate leave in case of a close family member's death:
2. Five days for a spouse.
3. Three days for a parent, child, sibling, grandparent, or grandchild.

Parental Leave:

1. Parents of newborns are entitled to five days of fully paid leave.
2. This leave must be taken within six months of the child’s birth.

Leave Carry Forward and Cash Compensation:

1. Employees may carry forward up to 15 days of unused annual leave to the next year with mutual agreement from the employer.
2. Employees can request cash compensation for unused leave, calculated based on their basic salary.

Employee Responsibilities

Notification:

1. Employees must notify their employer about any sickness within three days.
2. A medical report from an approved medical provider must be provided.

Leave Application:

1. Employees are required to submit a formal written leave request.
2. The request should specify the dates and reason (if needed).

Leave Balance Check:

1. Employees should verify their leave balance before applying.
2. This ensures they are eligible for the requested days.

Compliance with Company Policies:

1. Employees must follow company procedures for leave.
2. This includes submission timelines and any specific application methods.

Returning to Work:

1. Employees must return to work as scheduled.
2. They may need to complete a leave settlement form to update their leave records.

Coordination with Colleagues:

1. Employees should coordinate with colleagues to manage urgent tasks during their absence.
2. This ensures minimal disruption to work.

Promoting a Balanced Workplace

By understanding and respecting these rights and responsibilities, employees can maximize their leave benefits while staying compliant with UAE Labour Law. Employers, in turn, can create a supportive and structured environment that honors these rights, leading to a more harmonious workplace.

Applying for Unpaid Leave

Employees seeking unpaid leave should follow these general steps:

1. Submit a Formal Request: Provide a written application to the employer, specifying the reason for the unpaid leave and the intended duration.
2. Provide Supporting Documents: Depending on the type of leave, submit necessary documentation. For instance, medical certificates for extended maternity or sick leave, or proof of intent to perform Hajj.
3. Obtain Employer Approval: Await the employer's decision, as granting unpaid leave (except in cases mandated by law) is typically at the employer's discretion.

Employer Considerations

Employers should:

1. Review Requests Promptly: Address unpaid leave requests in a timely manner to maintain employee morale and operational efficiency.
2. Maintain Clear Policies: Develop and communicate clear internal policies regarding unpaid leave to ensure consistency and transparency.
3. Document Decisions: Keep records of all unpaid leave requests and the outcomes to ensure compliance and for future reference.

Conclusion

Unpaid leave is an important aspect of employment in the UAE, providing flexibility for employees to attend to personal matters while balancing work commitments. Both employers and employees should be well-informed about the legal provisions and company policies related to unpaid leave to ensure fair treatment and compliance with the UAE Labour Law. Clear communication and proper documentation are key to managing unpaid leave effectively in the workplace.

How Timechart Can Help Businesses, Employees, and Managers

Timechart offers a range of tools and features designed to streamline workforce management. Its user-friendly interface and smart functionalities provide significant benefits for businesses, employees, and managers alike. Let’s explore how Timechart simplifies attendance tracking, unpaid leave management, and overall employee engagement.

Benefits for Businesses

1. Efficient Leave Management:
   • Timechart automates leave tracking, making it easy to manage unpaid leave, annual leave, and sick leave.
   • Businesses can ensure compliance with UAE Labour Laws, reducing legal risks.
2. Accurate Attendance Tracking:
   • Timechart’s biometric attendance system eliminates manual errors and provides real-time updates on employee attendance.
   • Mobile time attendance capabilities ensure remote and on-site employees are accounted for.
3. Improved Compliance:
   • Built-in features help employers stay updated with labour law requirements, including Hajj leave, extended sick leave, and maternity leave policies.
   • Customized reports ensure accurate records for audits or inspections.
4. Cost Savings:
   • Automating processes reduces the need for manual administration, saving time and resources.
   • Detailed analytics provide insights into employee productivity and absenteeism trends, helping businesses optimize their workforce.

Benefits for Employees

1. Transparency in Leave Tracking:
   • Employees can easily apply for unpaid leave and monitor their leave balances using the Timechart app.
   • Automated notifications ensure they are updated on the status of their leave requests.
2. Flexibility for Remote Work:
   • Timechart’s mobile features enable employees to log attendance from anywhere, ensuring seamless workflow for remote or hybrid teams.
3. Access to Records:
   • Employees can access their attendance history, overtime records, and leave applications anytime, promoting trust and transparency.
4. Stress-Free Compliance:
   • With clear visibility into labour law-compliant leave policies, employees feel secure and confident in their entitlements.

Benefits for Managers

1. Centralized Management:
   • Managers can oversee attendance, unpaid leave, and sick leave requests from a single dashboard.
   • Real-time updates allow managers to make informed decisions quickly.
2. Improved Productivity:
   • With attendance data and leave patterns readily available, managers can allocate tasks effectively, avoiding understaffing or overburdening employees.
3. Enhanced Communication:
   • Timechart bridges communication gaps by enabling direct updates on leave approvals, attendance discrepancies, or schedule changes.
4. Performance Insights:
   • Analytics and reports generated by Timechart provide a clear picture of employee performance, enabling proactive management.

Additional Benefits

1. Customizable Policies:
   • Timechart allows businesses to customize leave and attendance policies based on their unique needs while remaining compliant with UAE laws.
2. Cloud-Based Accessibility:
   • As a cloud-based platform, Timechart ensures secure access to data from anywhere, promoting flexibility and scalability.
3. Integration with Payroll:
   • Timechart integrates seamlessly with payroll systems, ensuring accurate calculation of unpaid leave deductions and other benefits.
4. Enhanced Employee Engagement:
   • By reducing administrative burdens and improving communication, Timechart fosters a more engaged and motivated workforce.

Why Choose Timechart?

Timechart’s advanced yet simple tools are designed to meet the unique needs of businesses in the UAE. It ensures compliance with local labour laws, enhances operational efficiency, and promotes transparency at every level. Whether managing unpaid leave, streamlining attendance tracking, or improving employee satisfaction, Timechart stands out as an invaluable tool for modern workforce management.

Transform Your Business Process with TimeChart - Request a Demo

See TimeChart Work Time Software in action by scheduling a demo. Our team can create custom implementation plans to suit your business needs and show you how TimeChart can transform your Business Process. Contact us Now!

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