HR & Payroll
Types of Leave in UAE : A Complete Guide for Employers & Employees
Navigating employee leave in the UAE can feel overwhelming for both employers and employees, with several types of leave outlined under the UAE’s labor laws. Whether you’re an employer striving for compliance or an employee seeking clarity on your rights, understanding the different types of leave is crucial. For some types of leave, prior approval is required, along with submission of relevant documents. Below, we break down the various types of leave to help you manage them efficiently.
Sick Leave in the UAE
Total Duration: Up to 90 days annually.
Fully Paid Sick Leave
Duration: 15 days
Employees in the UAE are entitled to sick leave if they are unable to work because of illness, as certified by a medical professional. How many sick leave in UAE? The first 15 days are fully paid, the next 30 days are half-paid, and the remaining 45 days are unpaid, aligning with the sick leave policy in the UAE.
According to Article 31 of UAE Labour Law for sick leave in the UAE, employees must inform their employer of their illness within three days and provide medical reports from an authorized medical entity to confirm their condition. This is crucial for compliance with labor laws and sick leave rules in the UAE, ensuring that both the employer and employee understand their rights and responsibilities regarding sick leave.
Half Paid Sick Leave
Duration: 30 days.
After the first 15 days of full-paid sick leave, employees are entitled to half-paid sick leave for the next 30 days if they continue to be unable to work because of illness. This half-paid medical leave in the UAE is part of the overall 90 days of sick leave that an employee is entitled to in a year. The remaining sick leave may be continuous or intermittent, depending on the nature of the illness and the medical reports provided, as per the UAE sick leave law.
Unpaid Sick Leave
Duration: 45 days.
If an employee remains unwell after exhausting their paid and half-paid sick leave, they are eligible for up to 45 days of unpaid sick leave as per UAE Labour Law. This unpaid sick leave is the final part of the 90 days allocated under the sick leave entitlement.
Employees should be aware that taking this sick leave requires proper documentation, including a sick leave medical certificate in the UAE, to ensure compliance with UAE labor laws. Also important to understand that unpaid sick leave does not impact annual leave entitlements.
Additional Notes on Sick Leave:
- Sick leave without a medical certificate in the UAE may lead to complications, including potential denial of sick leave benefits.
- Sick leave rules in the UAE apply to all employees, including those on a probation period and part-time employees. However, the specifics of sick days for part-time employees may vary based on contractual agreements.
- For sick leave in the first month of employment, employees should verify their entitlement as it might differ from standard policy.
- Unused sick leave in the UAE typically does not carry over to the next year or result in a sick leave payout. Employers should communicate clearly about the usage policy.
- The total 90 days per year of employee sick leave in the UAE is counted cumulatively and can be taken as continuous or intermittent leave depending on the illness and approval from the employer.
Ineligibility for Paid Sick Leave in Dubai, UAE
On the other hand, the employee is ineligible for paid sick leave in the following scenarios:
- During the probation period: Employees are generally not entitled to paid sick leave while they are still within their probation period. The employee may be granted unpaid sick leave during the probation period if the employer approves it and it is supported by a medical report indicating the need for the leave.
- In case the sickness is directly linked to the worker’s misbehavior: This encompasses scenarios where the disease is caused by the actions of the employee themselves, like the intake of alcohol or drugs.
- If the worker violated safety instructions: Employees are also ineligible for paid sick leave if they violated safety instructions as per the legislations in the UAE, or if they disregarded the rules set out in the firm’s regulations, which they were informed of. This applies to situations where the illness is a consequence of the employee’s failure to adhere to safety protocols.
Hajj & Umrah Leave
Duration: 30 days.
Muslim employees in the UAE are entitled to 30 days of unpaid leave to perform Hajj once during their employment period. If an employee requests leave to perform Umrah, the employer has the discretion to either deduct it from the employee’s annual leave or treat it as unpaid leave.
Study Leave
Duration: Up to 10 days annually.
Employees enrolled in any of the UAE’s accredited educational institutions are eligible for a paid leave of 10 days annually for examination purposes. To qualify for this leave, the employee should have a minimum of two years of service under the same employer.
Maternity Leave
Total Duration: Up to 60 days.
- 45 days - Fully-paid leave
- 15 days - Half-paid leave
Fully Paid Maternity Leave
Female employees are entitled to 60 days of maternity leave, with the first 45 days fully paid and the next 15 days half-paid.
Half Paid Maternity Leave
Duration: 15 days.
As part of the overall maternity leave, the last 15 days are half-paid, offering additional support as the employee transitions back to work.
In addition to the standard maternity leave, a female employee may take an additional 45 days of unpaid leave if she is unable to return to work because of an illness related to pregnancy or childbirth. The illness needs to be confirmed by a medical certificate from the relevant medical authority. The additional leave can be taken either consecutively or intermittently.
If the baby is ill or has a disability, the female employee is entitled to an additional 30 days of fully paid leave. This leave can be extended for another 30 days without pay. The child’s illness or disability must be confirmed by a medical certificate from the appropriate medical authority.
After the female worker resumes work, she is entitled to one or two additional breaks each day for nursing her child. The duration of the two breaks must not exceed one hour. The woman is entitled to such breaks for 6 months following the date of delivery. Such breaks are fully paid for.
Parental Leave
Duration: 5 Days
Both male and female employees are entitled to 5 days of paid parental leave within the first six months of the child’s birth, ensuring shared responsibility in early childcare.
Compassionate Leave
Duration: 8 Days
Compassionate Leave (First Degree)
Duration: 5 days.
Granted if the death of a close family member (e.g., spouse, parent, child) occurs, this leave allows employees time to grieve and manage family affairs.
Compassionate Leave (Second Degree)
Duration: 3 days.
This leave is available for the death of extended family members such as grandparents or siblings.
Volunteer Hours leave
This leave type is specific to certain organizations and typically refers to Volunteer Hours leave, where employees are granted unpaid time off to participate in volunteer activities.
Annual leave
Duration: 30 Days
Employees are entitled to 30 days of paid annual leave after completing one year of service. Pro-rata leave is available for employees with less than a year of service.
Annual Leave in the UAE
Employees in the UAE are entitled to a fully paid annual leave as follows:
- 30 days: After completing one year of service.
- Two days monthly: Applicable if they have finished half a year of service but not a full year.
If the employee’s service ends before they have used their annual leave balance, they are entitled to leave for the fraction of the last year of service.
Part-time employees are also eligible for annual leave based on the actual hours they’ve worked, as outlined in their employment contract and in line with the Labour Law.
Rules Regarding Using Annual Leave in the UAE
- Year of Entitlement: Employees must use their annual leave in the year of entitlement. The employer, in concurrence with the employee, can determine the leave dates based on work necessities. The employer is obligated to inform the employee about the leave date at least a month prior.
- Rollover of Annual Leave: With the employer’s approval and in line with the company’s rules, the employee can transfer their remaining annual leave to the following year. In such a scenario, the employee is eligible for payment for the days worked during the annual leave, calculated based on the basic salary.
- Limitation on Denying Leave Usage: The employer is not allowed to stop the employee from utilizing their accumulated annual leave for more than two years. Upon termination of employment, any accumulated leaves will be computed based on the basic salary alone.
- Determination of Leave Duration: The length of annual leave will encompass official holidays as defined by law or contract, as well as any other leaves because of illness if they occur during the annual leave, unless the employment contract or the company’s rules state otherwise.
Leave in Lieu
Under Article 21 of the UAE Labour Law, private sector employees are entitled to a minimum of one paid rest day per week, as outlined in their employment contract or company policies. Employers may opt to offer additional rest days each week. In addition, employees are entitled to paid leave on public holidays.
Working During Official Holidays or Leave Days
If an employee is required to work during official holidays or on their designated rest days, they are entitled to compensation. This compensation can be in the form of either:
- Another rest day: The employee is given an alternative day off in lieu of the day they worked during the holiday.
- Additional Pay: The employee may be paid for that day at their normal wage rate plus an additional 50% of their basic wage.
This ensures that employees who work during their official leaves or holidays are fairly compensated, either through additional time off or through enhanced pay.
Work Distance Leave
In certain cases, employees are granted leave or additional rest periods if their work requires them to travel long distances regularly. If both the employer and employee expressly agree, commute time can be included within the working hours, ensuring that employees are adequately compensated for the time traveling to and from work.
National Service Leave for Emirati Employees
Emiratis employed in the UAE’s private sector are entitled to paid sabbatical leave (an extended break from work) to fulfill their national service duties. During this period, their position and salary are maintained, ensuring that they can fulfill their national duties without any negative impact on their employment.
Simplify Employees Leave Management with HRX360
Understanding the various types of leave in the UAE is essential for fostering a compliant and fair workplace. Both employers and employees must be aware of their rights and responsibilities to manage leave effectively, ensuring alignment with the UAE’s labor laws. Tools like an annual leave calculator and proper leave salary calculation can help streamline the process, making it easier to track entitlements and ensure accurate compensation.
To further simplify leave management, the HRX360 Employee Self-Service (ESS) Portal offers an efficient solution for leave requests, uploading necessary documents, and tracking leave balances. In HRX360, you can easily view your remaining leaves for each type, access automatic leave salary calculations, and even download your payslips directly from the portal. This not only simplifies the administrative process but also empowers employees to manage their leave and salary information effortlessly.
Whether you’re an employer looking to optimize your leave management or an employee seeking a user-friendly way to handle your leave requests, HRX360 provides the support you need in today’s workplace.
For more detailed information or specific queries, it’s always advisable to consult with a legal expert or refer to the UAE Labor Law Official website