The unpaid leave uae labour law provisions require employer approval, and the time on leave does not count towards the worker’s service. Article 33 of Federal Decree-Law 33/2021 covers unpaid leave for reasons the Law does not already provide for.
It requires the employer’s approval. The leave does not count towards the service period or pension contribution period.
Quick Answer
Under Article 33 of the UAE Labour Law, an employee may take unpaid leave for reasons not otherwise covered by the law only with the employer’s approval. The period of unpaid leave does not count towards the worker’s service period or pension contribution period.
Unpaid leave can also affect end-of-service gratuity because days of absence without pay are excluded from the relevant service calculation. Employees should request approval in writing, confirm the leave dates and retain the employer’s response. Absence without lawful justification may lead to disciplinary consequences.
unpaid leave uae labour law: Approval and service periods
The Law gives the worker no automatic right to this leave, so the employer’s approval decides it.
| Point | What the Law provides | Article |
|---|---|---|
| Who decides | The worker may take unpaid leave after the employer agrees. It covers leave that the Law does not otherwise provide | 33(1) |
| Service period | The leave is not counted in the worker’s service period or in the pension contribution period | 33(2) |
| Gratuity | Days of absence without pay are not counted when calculating end-of-service pay | 51(4) |
| Combining leaves | Bereavement leave, parental leave, annual leave and unpaid leave can be combined | CR 1/2022, Art 21(5) |
| After the leave | A worker who does not return straight after the leave without a lawful reason is not paid for the absence | 34 |
Need Legal Advice About Unpaid Leave in Dubai?
Discuss your employment contract, leave request and employer’s response with Leaders Advocates. Ask how the UAE Labour Law applies to approval requirements and your employment rights.
Other situations where leave is unpaid
Some leave is unpaid under the Law itself, without the employer choosing.
| Situation | Pay | Article |
|---|---|---|
| Illness caused by pregnancy or birth, after the 60 days of maternity leave | Up to 45 days of unpaid absence, on a medical certificate. The period is not counted in the service used for gratuity or the pension period | 30(2) |
| Sick leave during probation | No paid sick leave, but the employer may grant unpaid sick leave on a medical report | 31(2) |
| Sick leave after the first 45 days in a year | The part of the 90 days after 15 days on full pay and 30 days on half pay is unpaid | 31(3) |
| Exceptional emergencies declared by the Cabinet | Employers may use working models that include unpaid leave or reduced pay, in the interest of all parties | CR 1/2022, Art 36 |
Concerned About Unpaid Leave and End-of-Service Gratuity?
Unpaid absence may affect the service period used to calculate employment benefits. Speak with Leaders Advocates about your leave dates, salary records and potential end-of-service entitlements.
What happens if you take leave without approval
Time off that the employer has not approved is absence, not unpaid leave.
- The employer can dismiss a worker without notice, after a written investigation, for absence without a legitimate reason or an excuse the employer accepts. This applies after more than 20 intermittent days in a year or more than 7 consecutive days (Article 44(8)).
- An employer can report a worker absent without lawful reason under the Ministry’s rules if two conditions apply. The absence exceeds 7 consecutive days without lawful reason, and the employer does not know where the worker is.
- A foreign worker whose absence report is found true is not granted another work permit for one year, unless an exception applies (Article 50).
How to ask for unpaid leave
Ask in writing and get the answer in writing.
- Write to your employer with the start and end dates and the reason.
- Ask the employer to confirm the approval in writing before you start.
- Ask what the leave will do to your gratuity and any benefit that depends on your service period.
- Agree the return date and what happens if you need more time.
- Keep the written approval with your contract.
If your employer has refused or ended your unpaid leave, you can send us the messages and your contract on WhatsApp or through the Contact Us page.
Was Your Unpaid Leave Refused or Cancelled?
Discuss your leave request, written communications and any warning or absence report with Leaders Advocates. Legal advice can help you understand the relevant employer approval and disciplinary rules.
Questions about unpaid leave in the UAE
Relevant Legal Services
For unpaid leave disputes, unauthorised absence allegations, end-of-service calculations and related employment claims, explore our employment lawyers in Dubai, commercial litigation lawyers in Dubai and civil lawyers in Dubai. The appropriate legal response depends on the employment contract, leave approval, attendance records and applicable statutory requirements.
Related Legal Guidance
Need Legal Help With Unpaid Leave Under UAE Labour Law?
To discuss unpaid leave, speak to our lawyers on WhatsApp or use the Contact Us page. Leaders Advocates can help assess employer approval, unpaid absence, gratuity calculations and possible employment disputes under UAE Labour Law.
