How many types of leave does the UAE Labour Law provide for employees

Employees in the private sector of the United Arab Emirates are entitled to several categories of leave under Federal Decree-Law No. 33 of 2021 (UAE Labour Law), which governs annual, sick, maternity, parental, Hajj, bereavement, unpaid and other specific leaves, setting out eligibility, accrual, calculation and application procedures for employers and workers across the mainland and free zones.

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HOW MANY TYPES OF LEAVE DOES THE UAE LABOUR LAW PROVIDE FOR EMPLOYEES?

The UAE Labour Law recognises eight principal types of leave: annual leave, sick leave, maternity leave, parental leave, Hajj leave, bereavement leave, unpaid leave and compensatory leave for official holidays, each with distinct eligibility criteria and entitlements as outlined in the legislation.

Federal Decree-Law No. 33 of 2021 details these categories in Articles 28-38. Annual leave accrues at a minimum of two days per month after six months of continuous service, rising to 30 days per year after one year. Sick leave provides up to 90 days per year, paid in tiers: full pay for the first 15 days, half pay for the next 30 days and no pay thereafter. Maternity leave grants 45 days, with full pay for the first 30 days and half pay for the remaining 15, extendable by unpaid periods if medical complications arise. Parental leave offers five working days for each parent within six months of a child's birth. Hajj leave is a one-time paid leave of up to 30 days for Muslim employees who have completed at least one year of service. Bereavement leave allows three to five days depending on the relationship to the deceased. Unpaid leave may be granted by mutual agreement, subject to employer approval and proper documentation. Compensatory leave applies when an employee works on an official public holiday, entitling them to a substitute rest day plus 150 % of the daily wage. Each provision specifies the notice period, required documentation (such as medical certificates or marriage certificates) and the employer's obligation to maintain records and to pay the appropriate salary during the leave period.

WHAT IS THE ANNUAL LEAVE ENTITLEMENT AND HOW IS IT CALCULATED?

Employees become eligible for annual leave after completing six months of continuous service, receiving a minimum of two days per month, which translates to 30 working days per year after one year of service.

According to Article 29 of Federal Decree-Law No. 33 of 2021, the calculation is based on the employee's basic salary plus housing allowance if applicable. For the first six months, the entitlement is prorated at two days per month; after twelve months, the full 30-day annual leave accrues. If the employment contract specifies a higher amount, the contractual term prevails provided it does not fall below the statutory minimum. Leave may be taken in parts, but the employer must consent to the timing, ensuring operational continuity. Unused annual leave may be carried forward for a maximum of one year, after which the employee is entitled to a cash payment in lieu of the untaken days, calculated as the basic salary plus housing allowance divided by thirty for each day. Employers must maintain a leave register and provide a written statement of the leave balance upon request. Failure to grant the statutory annual leave or to pay the compensatory amount can result in fines ranging from AED 5,000 to AED 50,000 per violation, as stipulated in Article 120 of the same law.

HOW IS SICK LEAVE REGULATED AND WHAT ARE THE PAYMENT TIERS?

Sick leave allows up to 90 days per year, with payment structured as full wages for the first 15 days, half wages for the next 30 days and no wages for the remaining 45 days, contingent on a valid medical certificate.

Article 31 of Federal Decree-Law No. 33 of 2021 sets the framework. An employee must notify the employer within two working days of the illness and submit a medical report from a licensed healthcare provider. The first 15 days are compensated at 100 % of the basic salary; days 16-45 receive 50 %; days 46-90 are unpaid. If the illness extends beyond 90 days, the employee may apply for unpaid leave or resign, subject to employer agreement. The law also protects employees from termination during sick leave, except for proven misconduct unrelated to the health condition. Employers must retain the medical certificate for at least two years and may request a second opinion from a government-approved clinic if doubts arise. Non-compliance with sick-leave provisions, such as denying the statutory pay or terminating an employee unlawfully, attracts penalties under Article 120, including fines and possible court orders to reinstate the employee and pay back wages.

WHAT MATERNITY LEAVE BENEFITS ARE AVAILABLE TO FEMALE EMPLOYEES?

Female employees receive 45 days of maternity leave, with full pay for the first 30 days and half pay for the subsequent 15 days, extendable by unpaid periods if a medical condition necessitates additional recovery time.

Article 30 of Federal Decree-Law No. 33 of 2021 governs maternity leave. To qualify, the employee must have completed at least one year of continuous service; however, the law provides protection regardless of service length in cases of miscarriage or stillbirth, granting the same leave entitlement. The employee must notify the employer at least four weeks before the expected delivery date and provide a medical certificate confirming pregnancy. During the leave, the employer continues to pay the basic salary plus housing allowance as per the tiered structure. If the employee wishes to extend the leave beyond 45 days due to health complications verified by a physician, the additional period is unpaid but the employment contract remains intact. Upon return, the employee is entitled to the same or a comparable position, and any breach of this right may lead to claims for unfair dismissal and compensation under Article 120. Employers who fail to provide the stipulated maternity benefits risk fines and may be ordered to repay the withheld wages plus legal costs.

WHAT PARENTAL LEAVE PROVISIONS EXIST FOR BOTH MOTHERS AND FATHERS?

Each parent is entitled to five working days of paid parental leave within six months of the child's birth, irrespective of gender, to support early childcare responsibilities.

Article 32 of Federal Decree-Law No. 33 of 2021 establishes parental leave. The leave must be taken in one or multiple blocks, subject to employer approval, and is compensated at the full basic salary. Eligibility requires the employee to have completed at least one year of continuous service; however, the law does not deny the leave based on probationary periods if the child's birth occurs during employment. The employee must submit a birth certificate or an official document confirming the child's date of birth. Employers may not refuse the request without a legitimate operational reason, and any denial must be communicated in writing with an alternative schedule offered. Failure to grant parental leave or to pay the stipulated salary can result in administrative fines and may expose the employer to claims for damages under the labour dispute resolution procedures outlined in Articles 115-119 of the same law.

HOW IS HAJJ LEAVE GRANTED AND WHAT CONDITIONS APPLY?

Muslim employees who have completed at least one year of service are eligible for a one-time paid Hajj leave of up to 30 days to perform the pilgrimage, provided they have not previously taken this leave.

Article 33 of Federal Decree-Law No. 33 of 2021 details Hajj leave. The employee must submit a request accompanied by a copy of the Hajj permit issued by the relevant authorities and a letter from the employer confirming the intended travel dates. The leave is compensated at the full basic salary plus any regular allowances. If the employee has already utilized Hajj leave in a previous employment period, the entitlement does not renew unless a break in service of at least twelve months occurs. Employers may postpone the leave only if the absence would cause a disproportionate disruption to business operations, and any postponement must be agreed upon in writing with the employee. Denial of Hajj leave without justified cause or failure to remunerate the employee during the leave period constitutes a breach of the law, attracting penalties under Article 120, including fines and possible orders to compensate the employee for lost wages.

WHAT BEREAVEMENT LEAVE ENTITLEMENTS EXIST AND HOW ARE THEY DETERMINED?

Employees receive three to five days of paid bereavement leave depending on the closeness of the relationship to the deceased, with the employer required to verify the claim through appropriate documentation.

Article 34 of Federal Decree-Law No. 33 of 2021 sets bereavement leave. For the loss of a spouse, parent or child, the employee is entitled to five days; for a sibling, grandparent or grandchild, three days suffice. The employee must notify the employer promptly and provide a death certificate or an official extract from the civil registry. The leave is paid at the full basic salary. If the employee requires additional time beyond the statutory period, they may request unpaid leave or use accrued annual leave, subject to employer approval. Employers who refuse the bereavement leave without valid reason or who fail to pay the stipulated wages may face fines and be ordered to compensate the employee for the denied period, as outlined in the enforcement provisions of the law.

HOW SHOULD AN EMPLOYEE APPLY FOR LEAVE AND WHAT DOCUMENTS ARE REQUIRED?

The employee must submit a written leave request specifying the type, dates and reason, attaching any mandatory supporting documents such as medical certificates, marriage or birth certificates, or Hajj permits, and await employer approval within a reasonable timeframe.

Although the UAE Labour Law does not prescribe a exact format, best practice derived from ministerial guidelines recommends delivering the request via email or the company's HR portal, clearly stating the leave category (annual, sick, maternity, etc.), the intended start and end dates, and the total number of days requested. For sick leave, a medical report from a licensed practitioner is mandatory; for maternity leave, a pregnancy confirmation certificate is required; for Hajj leave, a Hajj permit copy is needed; for bereavement leave, a death certificate suffices. The employer must respond within five working days, either approving the request, proposing alternative dates, or providing a justified refusal. If approved, the employer records the leave in the employee's file and adjusts the payroll accordingly. Failure to follow this procedure can lead to disputes that may be escalated to the Ministry of Human Resources and Emiratisation (MOHRE) or the relevant labour court, where the employee may claim compensation for wrongful denial and any resulting financial loss.

WHAT ARE THE EMPLOYER'S OBLIGATIONS REGARDING LEAVE RECORDS AND PAYMENTS?

Employers must maintain accurate leave registers, pay the stipulated salaries during leave periods, provide employees with statements of leave balances, and refrain from retaliatory actions against employees who exercise their leave rights.

Article 35-38 of Federal Decree-Law No. 33 of 2021 impose record-keeping duties. Employers are required to keep a leave ledger for each worker, detailing the type of leave taken, dates, remuneration paid, and any carried-forward balances. These records must be retained for a minimum of two years after the employment terminates. Payroll must reflect the correct wage calculations as per the leave type-full, half or unpaid-according to the statutory scales. Upon request, the employer must furnish a written statement of the employee's accrued and used leave within ten working days. Any deduction from wages for leave not legally permitted, or any termination, demotion or harassment linked to leave usage, constitutes a violation and may trigger claims for unfair treatment. Penalties for non-compliance include fines ranging from AED 10,000 to AED 100,000 per offence, and the labour court may order reinstatement, back-pay and compensation for moral damages.

FREQUENTLY ASKED QUESTIONS

What is the minimum service period required to qualify for annual leave?
An employee becomes eligible for annual leave after completing six months of continuous service, entitling them to two days per month, which accumulates to 30 working days per year after one year of service, as stipulated in Article 29 of Federal Decree-Law No. 33 of 2021.

Can an employer refuse sick leave if the medical certificate is issued by a private clinic?
The employer may request a second opinion from a government-approved medical centre if doubts arise about the certificate's authenticity, but cannot outright refuse sick leave solely because the certificate originates from a private clinic, per Article 31 of Federal Decree-Law No. 33 of 2021.

Is Hajj leave available to non-Muslim employees?
Hajj leave is specifically reserved for Muslim employees who have performed the pilgrimage; non-Muslim workers are not entitled to this leave under Article 33 of Federal Decree-Law No. 33 of 2021, though they may request unpaid leave or use annual leave for personal travel.

How is payment calculated for maternity leave if the employee receives additional allowances?
Maternity leave payment includes the basic salary plus any regular housing allowance; other variable allowances such as commissions or overtime are not included unless expressly stipulated in the employment contract, according to Article 30 of Federal Decree-Law No. 33 of 2021.

What recourse does an employee have if the employer denies bereavement leave without justification?
The employee may file a complaint with the Ministry of Human Resources and Emiratisation; if unresolved, the matter can be referred to the labour court, which may order the employer to grant the leave, pay the owed wages and award compensation for damages, as outlined in Articles 115-119 of Federal Decree-Law No. 33 of 2021.

Are employers obliged to pay for unused annual leave upon termination?
Yes, upon termination of employment, the employer must compensate the employee for any accrued but untaken annual leave at the rate of basic salary plus housing allowance divided by thirty for each day, pursuant to Article 29 of Federal Decree-Law No. 33 of 2021.

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