Unpaid Leave in UAE: Rules Under the Labour Law

You may need time away from work after using your annual leave. In the UAE private sector, taking that time without salary is possible, but it is not an automatic right in most situations.

Article 33 of Federal Decree-Law No. 33 of 2021 says a worker may take unpaid leave after obtaining the employer’s approval. It also states that the approved period does not count towards the worker’s service term. That single rule affects salary, annual leave calculations, gratuity and pension contributions.

This article focuses on employees covered by the federal private-sector law. Government staff, domestic workers and employees in DIFC or ADGM may be governed by separate employment frameworks.

What Is Unpaid Leave in the UAE?

Unpaid leave is an approved period during which an employee remains employed but does not receive wages for the agreed days. The employee is expected to return on the approved date.

This is different from annual leave, public holidays, bereavement leave and parental leave, which carry separate legal entitlements. The UAE Government’s private-sector leave guidance lists the main statutory leave categories. Employers should classify leave correctly instead of treating every absence as unpaid leave.

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What Does Article 33 of the UAE Labour Law Say?

Article 33 establishes two main rules:

1. The employee needs the employer’s approval before taking ordinary unpaid leave.

2. The leave period is excluded from the employee’s service term and applicable retirement contribution period.

The law does not give private-sector employees a general right to take any number of unpaid days whenever they choose. A request can be accepted, shortened or refused based on business needs, the employment contract and company policy.

An employer should not record working days as unpaid leave without a genuine request or documented agreement. If salary is withheld despite the employee working or being available, it may be a wage dispute.

How Many Days of Unpaid Leave Can an Employee Take?

Article 33 does not prescribe a minimum or maximum duration for ordinary unpaid leave. The employer and employee decide the period together.

Internal policy may set limits or require senior approval for longer periods.

The written approval should confirm:

• the first and last day of leave

• whether the period is counted in calendar days or working days

• the expected return date

• the salary treatment

• whether insurance, allowances or other benefits continue

• any handover requirements

Use a signed letter or recorded HR approval for a long absence.

Can an Employer Force an Employee to Take Unpaid Leave?

Ordinary unpaid leave should be based on an agreed and properly recorded arrangement. Article 33 describes a worker obtaining leave after employer approval. It does not create a general power for an employer to stop providing work and simply remove salary.

Changes to wages, hours or other contractual terms should follow the proper legal and contractual process.

Employees who believe salary has been withheld without consent can use MoHRE’s private-sector labour complaint service. MoHRE accepts complaints and first attempts to resolve the dispute through the applicable process.

How Does Unpaid Leave Affect Salary and WPS?

The employee receives no wage for the approved unpaid period. Payroll should apply the deduction consistently with the employment contract, wage structure and company payroll method.

For example, at a total monthly wage of AED 12,000, 10 unpaid days would produce an illustrative AED 4,000 deduction under a 30-day payroll method. The payslip should show the method clearly.

Current Wage Protection System guidance allows an employee on approved unpaid leave to be excluded from the usual wage-payment requirement for that period when the Ministry is notified and the required supporting documents are submitted. Employers should retain the request, approval and payroll record rather than entering a zero or reduced payment without an explanation.

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Does Unpaid Leave Affect Annual Leave?

Yes, it can. Article 33 excludes the unpaid period from the employee’s service term. As a practical result, employers generally exclude that period from service-based annual leave accrual.

If an employee takes 60 unpaid days, HR should calculate service-linked entitlements using the counted service and record the method.

The employee does not lose annual leave already earned before the unpaid leave merely because a later unpaid period was approved. Accrued annual leave remains subject to the normal UAE annual leave rules and the employer’s lawful policy.

How Does Unpaid Leave Affect Gratuity?

Unpaid days are excluded when calculating the service period used for end-of-service gratuity. Article 51 confirms that unpaid days of absence do not count towards the service term. It also provides that a full-time foreign worker generally becomes eligible for gratuity after completing at least one year of continuous service.

For example, if a contract runs for two calendar years but includes 60 approved unpaid days, those 60 days are removed from the gratuity service period.

This can also matter when an employee is close to completing the first year. A lengthy unpaid period may delay the point at which one full year of counted service is reached.

UAE nationals should check the relevant pension authority because retirement contributions and service credit follow separate pension legislation.

What Happens to the Notice Period During Unpaid Leave?

An employee can resign and an employer can terminate a contract while the employee is on leave, provided the termination follows the law.

Article 35 states that when termination takes place during leave, the notice period normally starts on the day after the employee’s scheduled return. The employer and employee can agree otherwise.

An employee who gives 30 days’ notice during a two-month unpaid break should not assume it will finish before the return date. The parties should confirm the timing in writing.

What If the Employee Does Not Return?

Article 34 says an employee who fails to return directly after leave without a legitimate reason is not entitled to wages for the additional absence. Continued unexplained absence may also lead to disciplinary action or an absence-from-work report if the legal conditions are met.

If plans change, request an extension before the approved leave expires and wait for written approval.

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Unpaid Leave That Comes From Specific Legal Entitlements

Ordinary unpaid leave under Article 33 is only one category. Other provisions create unpaid portions of leave in specific situations.

Unpaid Sick Leave

After probation, an employee may receive up to 90 days of sick leave in a year: 15 days at full pay, 30 days at half pay and the remaining 45 days without pay.

During probation, there is no entitlement to paid sick leave, though the employer may grant unpaid sick leave based on a medical report.

See the official UAE sick leave rules.

Unpaid Leave Connected to Maternity

After the statutory 60-day maternity leave, a female employee may take up to 45 additional days without pay when she or her child is ill due to pregnancy or childbirth and the condition is supported by a medical certificate.

A mother of a sick child or child of determination whose condition requires constant care may also extend the additional 30-day paid leave by another 30 days without pay.

See the official UAE maternity leave rules.

Hajj Leave

A private-sector employee may be granted unpaid Hajj leave for up to 30 days, once during employment with the same employer.

How to Request Unpaid Leave

State the reason, dates, return date and handover plan.

A practical request can say:

“Please approve unpaid leave from 1 September to 20 September 2026 due to a family commitment. I will complete the project handover by 28 August and return to work on 21 September. I understand that the approved period will be unpaid and excluded from my service term.”

Ask HR to confirm the effect on salary, annual leave, insurance, visa arrangements and allowances. Put long-leave terms in one signed document.

Employer Checklist for Approving Unpaid Leave

Employers should:

• use a standard written request and approval form

• state exact dates and the return date

• record whether benefits continue

• calculate the wage deduction clearly

• submit the required WPS information and proof

• update attendance and payroll systems

• arrange a handover

• contact the employee before the return date

• deal with any extension before the original leave ends

Companies operating in different jurisdictions should confirm which employment regime applies. Most UAE private-sector employees fall under the federal law, while DIFC and ADGM have separate employment frameworks.

Conclusion

Unpaid leave in the UAE works best when the terms are clear before the employee stops working. Ordinary leave needs employer approval. The employee receives no salary for the approved period and the time is excluded from service calculations, including gratuity service.

Confirm the dates, payroll treatment, WPS record, return date and effect on benefits. For a long or complicated absence, check the employment contract and the rules of the authority governing the workplace.

Frequently Asked Questions