Question: What exactly is leave without pay? I may need to take extended leave to take care of my wife, as she has suddenly fallen ill. If I exhaust my annual leave, can I apply for leave without pay? What are the relevant rules in this regard?
Answer: Pursuant to your queries, it is assumed that you are employed by a mainland entity based in the UAE. Therefore, the provisions of the UAE employment law and the subsequent cabinet resolution are applicable.
It is pertinent to note that in the UAE, an employee may avail unpaid leave with the consent of an employer. This is in accordance with Article 33(1) of Federal Decree-Law No. 33 of 2021 on the Regulation of Employment Relations (the ‘Employment Law’), which states, “The employee may, after the consent of the employer, takes an unpaid leave, other than leaves referred to herein.”
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Based on the aforementioned provision of law, an employee may avail unpaid leave. However, an employer may have the right to terminate an employee if he does not resume employment without justification acceptable to an employer for more than twenty (20) uninterrupted days in a year or more than seven (7) days after exhaustion of his or her unpaid leave.
This is in accordance with Article 44 (8) of the Employment Law, which states, “An employer may dismiss the employee without prior notice, after a written investigation with him, and dismissal shall be in writing and reasoned, and given by the employer, or his representative to the employee, if the employee absents from work without legal cause or justification acceptable to the employer for more than (20) twenty interrupted days in a year, or more than (7) seven consecutive days.”
Further, the days of approved unpaid leave availed by an employee may not be included while calculating the service period. This is in accordance with Article 33(2) of the Employment Law, which states, “Leave referred to in the paragraph above (unpaid leave) shall not be counted in the period of service of the employee with the employer and within the pension system according to the relevant legislation in force.”
It should be further noted that an employer may file an absconding case against an employee, with the Ministry of Human Resources & Emiratisation, if an employee is absent from work for 7 (seven) consecutive days. This is in accordance with Article 28 of the Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree Law No. 33 of 2021 regarding the Regulation of Employment Relations.
Based on the aforementioned provisions of law it is recommended that you may avail unpaid leave if your employer consents for the same in writing. Further, if your employer approves your unpaid leave, then upon completion of such leave you are required to resume the employment to avoid termination of employment and/or the employer possibly filing an absconding case on you.
Applicable laws:
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Federal Decree-Law No. 33 of 2021 on the Regulation of Employment Relations.
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Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree Law No. 33 of 2021 regarding the Regulation of Employment Relations.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
Disclaimer: The information provided above is intended for general guidance and does not constitute legal advice. It is recommended to seek formal legal counsel.
Source: Khaleej Times