The UAE labor law provides employees with a range of paid leave entitlements designed to promote work-life balance and protect employee rights. Understanding these entitlements is essential for both employers and employees to ensure compliance with the law and to promote a healthy workplace. From annual vacation leave to sick leave, maternity and paternity benefits, and compassionate leave, these provisions reflect the UAE’s commitment to employee welfare.
Employers are required to adhere to specific rules regarding the allocation of paid leave, including the number of days allowed, eligibility criteria, and the process for claiming these entitlements. Failure to comply can result in penalties, legal issues, and dissatisfaction among employees, making it vital for companies to stay informed.
In this guide, we’ll explore the major types of paid leave in the UAE, breaking down each category in detail:
- Annual Leave: The number of vacation days employees are entitled to based on their length of service.
- Sick Leave: Paid time off for employees to recover from illness or injury.
- Maternity and Paternity Leave: Time off granted to new parents for the care of newborns.
- Compassionate Leave: Leave provided in the event of family bereavement or other significant personal events.
Each of these leave types is governed by specific rules, and it’s essential to understand them thoroughly to ensure compliance with UAE labor laws. Now, let’s dive deeper into the individual categories of paid leave in the UAE.
Annual Leave Policies in UAE
Annual leave is one of the most important entitlements provided to employees under UAE labor law, ensuring they have the opportunity to rest, recharge, and maintain a healthy work-life balance. The specifics of annual leave entitlements in the UAE depend on the employee’s length of service and are clearly outlined in the UAE Labor Law, Federal Law No. 8 of 1980, as amended.
Key Provisions of Annual Leave
Full-Time Employees:
All full-time employees are entitled to 30 calendar days of paid annual leave after completing one year of service.
Partial Leave:
Employees who have worked for more than six months but less than a year are entitled to two days of leave for each month worked.
Public Holidays:
Official public holidays do not count as part of the annual leave days, meaning if an official holiday falls during an employee’s vacation, that day is not deducted from their annual leave balance.
Carry-Over:
If the employee has not used all of their leave within the calendar year, the remaining days can often be carried over into the next year, subject to company policies.
Requesting Annual Leave
Employees should provide adequate notice to their employer when planning to take annual leave. Employers may, at their discretion, specify when the leave can be taken, typically aligning with business needs. However, denying leave unreasonably may be considered non-compliant with labor laws.
If an employee’s service is terminated, and they have not utilized their full annual leave, they are entitled to compensation for the unused leave. The compensation is calculated based on their daily wage.
Annual leave policies are designed to ensure that employees have sufficient time for rest and personal activities while maintaining overall productivity. Employers must carefully manage leave requests to avoid operational disruptions while also ensuring compliance with labor laws.
Sick Leave Entitlements
Sick leave provides employees with the right to take time off work when they are unwell or injured, ensuring they do not lose their income while recovering. The UAE labor law guarantees paid sick leave to all employees who have completed at least three months of service under probation, but there are specific provisions governing how much of this leave is paid and the conditions that must be met.
Key Provisions of Sick Leave
- Eligibility: Employees are entitled to sick leave after completing at least three months of service. During the first three months of employment, sick leave is generally unpaid.
- Duration: Employees are entitled to up to 90 calendar days of sick leave per year, broken down as follows:
- First 15 days: Full pay
- Next 30 days: Half pay
- Following 45 days: Unpaid
- Documentation Requirements: To qualify for paid sick leave, employees must provide a medical certificate from an authorized physician or medical institution. Failure to provide valid medical documentation may result in denial of sick pay.
- Exclusions: Sick leave may not be paid if the illness or injury is self-inflicted or if it results from the employee’s misconduct, such as drug or alcohol abuse.
Sick Leave and Termination
Employers cannot terminate employees while they are on sick leave unless the employee exceeds the 90-day sick leave period. In such cases, the employer has the right to terminate the employment contract, but they must still provide end-of-service benefits based on the employee’s total period of service.
Understanding sick leave entitlements is crucial for ensuring employee well-being and avoiding legal disputes. Both employers and employees must adhere to the established rules to maintain compliance and ensure fair treatment.
Maternity and Paternity Leave in the UAE – Private Sector (2024 Guide)
Under Federal Decree-Law No. 33 of 2021, which came into effect in February 2022, the UAE outlines clear maternity and paternity leave entitlements for private sector employees. The provisions aim to support working parents while maintaining compliance with UAE labour regulations.
Maternity Leave Entitlement
UAE Private Sector
Eligible female employees in the private sector are entitled to a total of 60 calendar days of maternity leave, structured as follows:
- 45 days of full pay
- 15 days of half pay
- Additional Unpaid Leave (Post-Maternity Illness):
- After the standard maternity leave, if the employee is unable to resume work due to medical complications related to pregnancy or childbirth, she may take up to 45 additional unpaid days, provided a valid medical certificate is submitted.
- Miscarriage or Stillbirth:
- If the employee experiences a stillbirth or miscarriage after the sixth month of pregnancy, she is entitled to the full 60-day maternity leave. In cases where a miscarriage occurs before six months, maternity leave entitlements do not apply.
- Newborn Illness or Disability:
- If the newborn is ill or has a disability:
- The mother may take up to 30 additional days of paid leave.
- This can be extended by another 30 days of unpaid leave, subject to medical documentation confirming the condition
- Paternity Leave in the UAE (Private Sector):
- Male employees are entitled to 5 working days of paid paternity leave, which must be used within six months from the child’s birth.
- Breastfeeding Breaks (Post-Maternity):
- Upon returning to work, a new mother is entitled to:
- Two paid breaks per day, each lasting 30 minutes, for the purpose of breastfeeding.
- These breaks are granted for up to 6 months following the delivery date
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- Key Considerations:
- No minimum employment duration is required to qualify for maternity leave. Employees are entitled to the full leave benefits regardless of tenure.
- These entitlements apply under both limited and unlimited contracts within the UAE private sector.
- Public sector maternity leave policies may vary by emirate or government entity and are governed separately.
Paternity Leave
The UAE also recognizes the importance of paternity leave, allowing new fathers to take time off to support their spouse and bond with their newborn child.
- Duration: Male employees are entitled to 5 calendar days of paid paternity leave, which must be taken within six months of the child’s birth. This leave applies to both public and private sector employees.
Protections for Pregnant Employees
Pregnant employees in the UAE are also protected from dismissal based on pregnancy. Employers cannot terminate or reduce a pregnant employee’s salary because of her pregnancy or while she is on maternity leave.
Paternity and Maternity Leave in the Free Zones
It’s important to note that maternity and paternity leave regulations in the UAE’s various free zones may vary slightly, so employees should review their specific contracts and consult with HR departments to understand their entitlements.
Both maternity and paternity leave policies aim to support families during this significant life event, ensuring that parents can take time to care for their newborns without fear of losing their income or jobs
Compassionate Leave Regulations
Key Provisions of Compassionate Leave
- Eligibility: All full-time employees working in the UAE are entitled to compassionate leave, irrespective of the length of service.
- Duration: Employees are granted 3 to 5 days of paid compassionate leave, depending on the relationship to the deceased:
- 5 days for the death of a spouse.
- 3 days for the death of a parent, child, sibling, grandchild, or grandparent.
Regulations and Considerations
- Timing: The compassionate leave days must be taken within a period that is most relevant to the occurrence, allowing the employee flexibility to decide when to take the leave (immediately after the death or during the funeral, for instance).
- Leave Documentation: In most cases, employees will be required to provide official documents, such as a death certificate, as proof of the bereavement to qualify for paid leave.
- Additional Days: If the employee requires additional time off beyond the compassionate leave period, they may request unpaid leave, or in some cases, annual leave, depending on their company’s policies.
Importance for Employers
- Employers in the UAE are expected to be empathetic and responsive to employees’ requests for compassionate leave. While the days are relatively few, the opportunity for employees to grieve and manage family affairs without worrying about job security or pay can have a lasting positive impact on both morale and employee retention. Failing to comply with compassionate leave regulations could lead to legal repercussions and create a negative work environment.
