❝ UAE Labour Law Leave Rules Are Simple, Until They Aren’t ❞
An employee walks into HR and asks “How many sick leave days do I actually have?” Another wants annual leave during probation. Someone else is getting married and assumes UAE Labour Law gives them marriage leave. Then a manager asks whether an employee can take annual leave during their notice period.
❝ These sound like basic HR questions. They are not. ❞
Because under UAE Labour Law, not every absence called “leave” is a legal entitlement. Not every paid leave follows the same salary rule. And not every employee receives the same treatment during probation, notice periods or extended absence.
❝ That distinction is where HR mistakes begin. ❞
A private sector employee can have up to 90 days of statutory sick leave after probation, but the salary changes across those days. Annual leave can reach 30 calendar days after one year, yet the calculation changes when unused leave is paid at termination. Maternity leave follows its own 45 days full pay + 15 days half pay structure.
❝ Then come the rules people often get wrong. ❞
There is no general statutory marriage leave for MOHRE regulated private sector employees. There is also no standalone personal “emergency leave” entitlement under the federal private sector framework. Yet compassionate leave is a statutory entitlement in qualifying bereavement situations.
❝ And probation does not simply mean “no leave.” ❞
Paid sick leave is restricted during probation. Annual leave can depend on employer approval. But maternity, parental and qualifying compassionate leave can still apply without the employee first completing probation. That is why memorising the number of leave days is not enough.
Good HR needs to know five things when a leave request lands on the desk,
- Is this leave actually protected by UAE Labour Law?
- How many days can the employee take?
- Is it full pay, half pay or unpaid?
- Does probation, notice period or length of service change the rule?
- Will the absence affect annual leave accrual, service period, gratuity or final settlement?
That is exactly what this guide is built to solve.
What You Will Understand by the End of This Guide
Instead of giving you another generic list of UAE leave types, we are going to look at leave the way an experienced HR professional has to look at it, the legal entitlement, the salary treatment, the HR responsibility, the employee responsibility, the exceptions, and the mistakes that create disputes.
We are going to cover in this guide,
✅ UAE sick leave structure.
✅ UAE Annual leave structure.
✅ UAE Maternity leave structure.
✅ UAE Marriage leave structure.
✅ UAE Emergency leave structure.
✅ UAE Leave during probation.
✅ UAE salary settlements during leave period.
✅ Paid leaves vs unpaid leaves.
✅ Handle Leaves during the notice period.
More importantly, we will separate three things,
✅ What UAE Labour Law requires,
✅ What an employer may choose to provide,
✅ and what employees often assume they are entitled to.
That difference can change payroll. It can change the final settlement. It can change gratuity calculations. and in some cases, it can determine whether an HR decision is compliant at all.
So before approving the next leave request simply because “this is how we normally do it,” understand the rule behind it. Because the first leave category exposes more HR mistakes than almost any other. Sick leave.
01. UAE Labour Law Sick Leave Guide
A sick note looks simple. For HR, it is not. UAE Labour Law sick leave is controlled by eligibility, medical proof, probation status, pay stages and, in some cases, employee conduct.
For MOHRE regulated private sector employees who have completed probation, the headline rule is clear,
| Sick Leave Period | Salary Treatment |
| First 15 days | Full pay |
| Next 30 days | Half pay |
| Remaining 45 days | Unpaid |
| Maximum | 90 days per year |
The 90 days can be continuous or taken across different illnesses during the year.
(A) What Counts as Sick Leave Under UAE Labour Law?
Sick leave applies when an employee is unable to work because of a non work related illness and provides the required medical evidence.
That distinction matters. An occupational injury or work related illness follows a separate legal framework and should not automatically be processed as ordinary sick leave.
For normal sick leave as per UAE Labour Law, the employee should,
- Notify the employer within 3 working days
- Provide a medical report from a recognised medical entity
- Follow the company’s documented sick leave procedure
Missing the notification or medical proof requirements can affect how the absence and salary are treated.
(B) Core Sick Leave Entitlement for Employees
After probation, an employee may receive up to 90 days of sick leave per year. Think of it as one annual pool: 15 days full pay → 30 days half pay → 45 days unpaid. It is not 90 days for every illness.
So if an employee uses 10 days for one illness and later takes another 8 days, the second absence continues from the same annual sick leave balance. During probation, the position changes.
There is no statutory entitlement to paid sick leave during probation. However, an employer may approve unpaid sick leave where a medical report confirms the need for absence.
(C) HR Obligations and Best Practices
The biggest HR mistake is treating sick leave as a simple “approved / rejected” request. A stronger system tracks the entire journey.
HR should monitor,
- total sick days already used
- whether the employee is still within the 15 / 30 / 45 day pay stage
- Medical certificate validity
- probation status
- Return to work dates
- whether the case is ordinary sickness or a work injury
A useful payroll structure is,
| HR Code | Treatment |
| Sick Leave 01–15 | Full pay |
| Sick Leave 16–45 | Half pay |
| Sick Leave 46–90 | Unpaid |
| Sick Leave – Probation | Normally unpaid |
Internal policy can be more generous than the law, but should not reduce the statutory entitlement once the employee qualifies.
(D) Employee Rights and Responsibilities
Employees have rights. But they also have responsibilities. Once probation is completed, employees can access the statutory sick leave structure when the medical and notification requirements are met.
Employees should,
- inform HR quickly
- obtain valid medical evidence
- keep HR updated during longer absences
- follow return to work procedures
- avoid submitting false or misleading medical documents
The research also indicates that employees within their sick leave entitlement receive legal protection against termination connected with that sick leave period, while termination may become possible after the entitlement is exhausted and the employee remains unable to return, subject to the applicable legal requirements.
(E) When Can an Employee Lose Paid Sick Leave?
This is one of the most overlooked parts of UAE sick leave rules. Paid sick leave may be lost where the illness results from certain forms of employee misconduct.
The Executive Regulations identify examples including,
- illness resulting from alcohol or drug consumption
- violation of recognised safety instructions
- breaches of safety procedures relating to crises or disasters
- failure to follow certain workplace safety controls acknowledged by the employee
This is not something HR should assume. Where misconduct is alleged, proper evidence matters. For alcohol or drug related cases, the research notes that an official report from the relevant authority may be required.
(F) Part Time, Free Zone and Public Sector Sick Leave Can Be Different
Do not apply the 90 day rule blindly to every employee in the UAE. The legal framework can change depending on where and how the person is employed.
✦ MOHRE private sector,
Up to 90 days after probation under the federal framework.
✦ Part time / flexible workers,
Leave treatment may be calculated according to working hours, contract structure and the applicable Executive Regulations.
✦ DIFC,
A separate employment law applies, with its own sick leave regime rather than the federal 90 day structure.
✦ Federal government employees,
Different government HR rules and medical authority procedures may apply.
For HR, the first question should therefore be “Which employment regime governs this employee?”
(G) Lesser Known UAE Sick Leave Rules HR Often Misses
These are the details that usually create disputes,
- 90 days is an annual pool, not 90 days for every illness.
- Unused sick leave is not normally carried forward.
- Unused sick leave is not converted into cash when employment ends.
- Paid sick leave does not apply during probation under the statutory rule.
- Sick leave and annual leave are separate entitlements.
- Work related injuries should not automatically be treated as ordinary sick leave.
- Medical documentation and timely notification can determine how an absence is classified.
- Misconduct or serious safety rule violations can affect entitlement to paid sick leave.
The rule itself is easy to remember. 15 full. 30 half. 45 unpaid. The difficult part is knowing when that rule applies, when it does not, and what HR must document before making the decision.
2. UAE Labour Law Annual Leave Guide
Annual leave looks straightforward until HR has to answer the harder questions, Does 30 days mean calendar days or working days? Can leave be taken during probation? Can unused leave be carried forward? And why is leave salary different from leave encashment?
Under UAE Labour Law annual leave rules, the answers depend on service length, when the leave is taken, and whether the employee is still employed or leaving the company.
(A) What Counts as Annual Leave Under UAE Labour Law?
Annual leave is a statutory period of paid time away from work intended for employee rest and recovery. For MOHRE regulated private sector employees, the entitlement is primarily governed by Article 29 of Federal Decree Law No. 33 of 2021.
The critical word is paid. When an employee actually takes annual leave, the research indicates that the employee receives their wage, meaning basic salary plus regular contractual allowances.
Annual leave should also remain separate from sick leave, maternity leave, compassionate leave and other statutory leave categories.
(B) How Many Annual Leave Days Does an Employee Get?
The core entitlement changes with length of service.
| Length of Service | Annual Leave Position |
| Less than 6 months | No statutory right to take annual leave yet |
| 6–12 months | 2 calendar days per month |
| After 1 full year | At least 30 calendar days per year |
| Employment ends | Accrued unused leave must be settled |
One detail matters enormously. 30 days means calendar days not automatically 30 working days. So weekends falling inside an approved annual leave period may count towards the leave balance.
The UAE labour law also notes that public holidays falling within the annual leave period are generally treated as part of that period unless the employment contract or company policy provides something more favourable.
(C) HR Obligations and Best Practices for Annual Leave
Annual leave should never become a spreadsheet that HR checks only when somebody resigns.
A strong HR system should continuously track,
- Leave accrued.
- Leave already taken.
- Available balance.
- Carried forward leave.
- Probationary leave.
- Pending approvals.
- Unused leave due on termination.
Employers can manage leave dates around operational requirements. However, the research indicates that annual leave should generally be scheduled in agreement with employees and with appropriate advance notice.
A useful HR rule is, plan the leave before the balance becomes a liability.
Allowing employees to accumulate years of unused leave creates both wellbeing problems and a financial obligation at termination. The research further indicates that employers should not prevent employees from using accrued annual leave indefinitely.
(D) Employee Rights and Responsibilities
Employees have a legal annual leave entitlement. But that does not mean every requested date must automatically be approved.
Employees should,
- request leave through the approved company process
- provide reasonable notice
- coordinate dates around operational requirements
- check their available balance before booking travel
- understand whether their company counts leave in calendar or working days
- confirm how weekends and public holidays are treated
Employees are entitled to the correct salary while on annual leave and to payment for accrued unused annual leave when employment ends One important distinction is frequently misunderstood:
| Situation | Salary Basis |
| Employee takes annual leave | Full wage |
| Unused leave paid on termination | Basic salary basis under the statutory formula |
That difference can significantly change the final amount an employee receives.
(E) Can an Employee Lose Annual Leave?
Annual leave is a statutory entitlement, so an employer cannot simply cancel an accrued balance because an employee did not use it quickly enough.
But employees also cannot treat leave dates as completely self determined. An employer may manage when annual leave is taken according to legitimate operational requirements.
The research indicates that unused leave may also be carried forward subject to the applicable limits and company arrangements. It refers to the Executive Regulations allowing employees, by agreement, to carry forward up to half of their annual leave to the following year or receive an agreed cash allowance in place of the carried forward portion.
The safer HR principle is simple, Manage the timing of leave and do not erase the entitlement.
(F) Part Time, Free Zone and Public Sector Annual Leave Can Differ
The federal 30 day framework should not automatically be copied across every UAE workforce.
✦ MOHRE private sector
The standard Article 29 framework applies.
✦ Part time employees
Annual leave may be calculated according to actual working hours and the applicable contractual and regulatory framework.
✦ DIFC and other separately regulated jurisdictions
Different employment laws may govern leave entitlement and calculations.
✦ Government employees
Federal and local government HR frameworks can provide different leave structures.
So before approving or calculating annual leave, HR should establish which employment law actually governs this employee?
(G) Lesser Known UAE Annual Leave Rules
This is where even experienced employees and sometimes payroll teams get caught.
- 30 days means calendar days, not necessarily 30 working days.
- Employees between 6 and 12 months receive a different entitlement from employees who have completed one year.
- Annual leave may be granted during probation with employer agreement.
- Taking annual leave and encashing unused leave are calculated differently.
- When leave is taken, the employee receives the applicable full wage.
- On termination, unused accrued annual leave is calculated using the statutory basic salary basis described in the research.
- Unused annual leave cannot simply disappear because the employee resigns.
- Carry forward rules exist; balances should not be allowed to accumulate indefinitely.
- Annual leave should remain separate from sick, maternity and other statutory leave categories.
The easiest number to remember is 30 days. But that number alone will not protect an HR team from making the wrong decision. The real skill is knowing when the entitlement starts, what counts as a leave day, how much salary must be paid, and what happens to every unused day when employment ends.
3. UAE Labour Law Maternity Leave Guide
Maternity leave is one of the most protected leave categories in UAE employment law. But HR still gets it wrong. The biggest mistakes usually happen around probation, salary, medical extensions, breastfeeding breaks and dismissal protection.
Under the maternity leave UAE Labour Law framework, a female employee in the MOHRE regulated private sector is entitled to 60 calendar days of maternity leave per pregnancy.
| Maternity Leave Period | Salary Treatment |
| First 45 days | Full pay |
| Next 15 days | Half pay |
| Total | 60 calendar days |
And unlike sick or annual leave, there is no minimum service requirement before this entitlement begins.
(A) What Counts as Maternity Leave Under UAE Labour Law?
Maternity leave covers the legally protected absence connected with pregnancy and childbirth.
Under Article 30 of Federal Decree Law No. 33 of 2021, the employee may request maternity leave around the expected delivery period, supported by medical documentation.
The leave can begin before childbirth, within the legally permitted window, and continue after delivery. The research also confirms that maternity protection can extend beyond a normal delivery.
If pregnancy has lasted six months or more, maternity leave may still apply even where the baby is stillborn or dies shortly after birth. That is an important protection many employees do not realise exists.
(B) Core Maternity Leave Entitlement for Female Employees
The standard entitlement is 45 days full pay + 15 days half pay = 60 calendar days and this applies regardless of how long the employee has worked for the company.
So maternity leave can apply even during probation. But the law goes further. If the employee or child experiences pregnancy or childbirth related medical complications, additional leave may become available.
If the mother or child is medically unwell after the standard maternity leave, the employee may take up to 45 additional days without pay if pregnancy or childbirth related illness prevents her from returning to work.
Medical evidence is required. If the child requires continuous care Where a child is sick or a child of determination and requires a constant companion, the research identifies:
| Additional Leave | Pay |
| First 30 days | Full pay |
| Further 30 days | Unpaid |
These days are separate from the standard 60-day maternity entitlement.
(C) HR Obligations and Best Practices
Maternity leave should never be handled like an ordinary absence request.
HR needs to manage several moving parts at once,
- expected delivery date
- maternity start date
- 45 day full pay period
- 15 day half pay period
- medical extensions
- Return to work date
- breastfeeding breaks
- protection against maternity related dismissal
Payroll should be configured before the leave starts.
A simple HR workflow is Medical certificate → maternity dates confirmed → payroll split applied → extensions documented → return to work plan created.
HR should also ensure line managers understand one critical rule, Pregnancy is not a reason to pressure an employee to resign, refuse maternity leave or disadvantage her because she used the entitlement.
(D) Employee Rights and Responsibilities
Female employees have strong maternity protections. But documentation still matters.
Employees should,
- submit medical evidence showing the expected delivery date
- notify HR of planned maternity dates
- provide further medical reports where additional leave is required
- communicate expected return dates
- coordinate breastfeeding break arrangements after returning
After maternity leave, the employee is entitled to breastfeeding rest periods for up to six months from the date of delivery.
The research states that the employee may take one or two breaks per day, with the total not exceeding one hour. These breaks are treated as paid working time. They should not be deducted from annual leave, salary or normal working hours.
(E) Can an Employee Lose Maternity Leave?
This area needs careful wording. Unlike the sick leave rules, the research does not identify a general misconduct rule that removes statutory maternity leave.
The legal entitlement cannot simply be reduced because an employer dislikes the timing of the pregnancy, the employee is on probation, or the absence creates operational inconvenience.
However, maternity provisions must still be used legitimately. For example, where an employee requests additional maternity related medical leave, the required medical condition must be genuine and supported by valid documentation.
Misuse or false claims may potentially lead to disciplinary consequences. But HR should not confuse that with a general power to cancel maternity rights.
The safer principle is to verify the evidence. Protect the entitlement. Discipline only genuine misconduct not pregnancy.
(F) Free Zones, Government & Other Maternity Leave Variations
This is another area where HR can make expensive mistakes. The federal MOHRE framework does not necessarily apply to every employee working in the UAE.
✦ MOHRE regulated private sector
The standard 60 day structure applies.
✦ DIFC and ADGM
These jurisdictions operate under separate employment laws and can provide different maternity structures.
✦ Federal and local government employees
Government HR frameworks may offer different, and sometimes more generous, maternity provisions.
The research does not provide a separate maternity leave formula specifically for part time employees, so HR should avoid inventing one and instead check the employee’s governing legal framework and contract.
Before applying any maternity rule, ask “Is this employee actually governed by MOHRE Labour Law?”
(G) Lesser Known UAE Maternity Leave Rules
These are the details HR teams and employees often miss,
- There is no minimum service requirement.
- Maternity leave can apply during probation.
- The standard structure is 45 days full pay + 15 days half pay.
- Up to 45 additional unpaid days may apply for pregnancy or childbirth related illness.
- A sick child or child of determination requiring continuous care can trigger additional paid and unpaid leave.
- Breastfeeding breaks are paid working time for up to six months after delivery.
- Pregnancy or maternity leave should not be used as a reason for dismissal.
- Maternity protection can still apply after a pregnancy lasting six months or more even where the baby is stillborn or dies shortly after birth.
- The extra 45 days of unpaid maternity-related illness leave can affect counted service for gratuity calculations.
The basic maternity rule is easy to remember 45 days full. 15 days and half. But the real HR challenge starts after those 60 days. Because medical extensions, childcare needs, breastfeeding rights, probation and dismissal protection can completely change how the case should be handled.
4. UAE Labour Law Marriage Leave Guide
Marriage leave is one of the most misunderstood leave categories in the UAE. The reason is simple. For MOHRE regulated private sector employees, there is no statutory marriage leave entitlement under Federal Decree Law No. 33 of 2021.
That means marriage leave in UAE Labour Law is very different from annual, sick, maternity or compassionate leave.
In most private companies, wedding related time off comes from,
- annual leave
- unpaid leave
- or an extra company benefit specifically called “marriage leave”
(A) How Does UAE Labour Law Define Marriage Leave?
For the MOHRE regulated private sector, it effectively does not. The Federal Labour Law lists recognised leave categories such as annual, sick, maternity, parental, bereavement and study leave.
Marriage leave is not one of them. So if an employee asks, “How many marriage leave days does UAE Labour Law give me?” For most private sector employees, the correct answer is,
There is no automatic statutory marriage leave entitlement.
This does not mean employees cannot take time off to get married. It simply means the leave must usually come through another route.
(B) What Marriage Leave Can a Private Sector Employee Receive?
For a normal MOHRE regulated private company, there is no fixed legal number such as 3 days, 5 days or 10 days. Instead, the employee may use,
| Option | How It Works |
| Annual leave | Uses the employee’s accrued balance |
| Unpaid leave | Requires employer approval |
| Company marriage leave | Depends entirely on contract or HR policy |
Some employers voluntarily provide 1-5 paid marriage days as an employee benefit. But this is a company policy decision, not a general federal Labour Law entitlement. That distinction should be made very clear in contracts and employee handbooks.
(C) HR Obligations and Best Practices
Marriage leave becomes an HR problem when employees assume a benefit exists but the company has never documented the rule.
A strong HR policy should answer five questions,
- Does the company offer separate marriage leave?
- How many days are provided?
- Is it paid or unpaid?
- Is it available once per employment or per marriage?
- What documents are required?
Many employers request evidence such as an attested marriage certificate before granting the benefit. If the company does not offer marriage leave, HR can instead guide the employee towards annual leave or mutually agreed unpaid leave. The key principle is, Do not present a company benefit as a UAE Labour Law entitlement.
(D) Employee Rights and Responsibilities
Private sector employees should not assume that getting married automatically creates a legal right to additional paid days.
Before booking travel or wedding arrangements, employees should,
- check the employment contract
- read the HR handbook
- confirm whether separate marriage leave exists
- submit annual leave early if required
- provide requested marriage documentation
- discuss unpaid leave where the annual balance is insufficient
If the company promises marriage leave in its contract or internal policy, the employee may rely on that contractual benefit. But if no such benefit exists, the employee generally falls back on their normal annual leave or unpaid leave options.
(E) Can Marriage Leave Be Refused or Lost?
This depends entirely on what type of leave is being used. If the employee is requesting annual leave for a wedding, normal annual leave approval and scheduling rules apply.
If the employer offers a separate marriage leave benefit, the company can usually set reasonable conditions such as,
- Advance notice
- Marriage certificate proof
- Eligibility only once
- Taking the leave within a specific period
If those policy conditions are not met, the special company benefit may be refused. But HR should not use a “marriage leave” policy to reduce or replace the employee’s statutory annual leave entitlement.
The rule is simple, a discretionary benefit can have conditions. A statutory entitlement cannot be quietly removed because of them.
(F) Dubai, Sharjah, Free Zone & Government Marriage Leave Rules Can Be Different
This is where the topic becomes more interesting. There is no general federal private-sector marriage leave, but some government-sector employees have separate entitlements.
Dubai
The research identifies Dubai Decree No. 31 of 2025, which introduced 10 working days of fully paid marriage leave for certain eligible Emirati employees.
The entitlement applies only within the specific government and related categories covered by the Decree and comes with conditions, including nationality and marriage contract requirements.
It should not be interpreted as 10 days of marriage leave for everyone working in Dubai or every employee working in a free zone.
Sharjah
The research also identifies an 8 day paid marriage leave for eligible Sharjah government employees under its local government HR framework.
So HR professionals managing multiple entities must first establish the employee’s legal regime before answering the question.
(G) Lesser Known Facts About UAE Marriage Leave
A few myths deserve to disappear completely,
- There is no standard 5 day marriage leave for MOHRE private sector employees.
- A private company may voluntarily offer paid marriage leave.
- If your contract gives marriage leave, it is generally a contractual benefit, not a federal statutory right.
- Dubai’s 10 day rule does not automatically apply to every employee working in Dubai.
- Sharjah government rules are separate from private-sector Labour Law.
- Wedding related annual leave is still governed by the normal annual leave approval process.
- A company marriage leave policy cannot be used to reduce the employee’s statutory annual leave.
The biggest mistake HR can make here is giving a confident answer without first asking “Private sector, government sector, or a separately regulated entity?” Because when it comes to marriage leave in UAE Labour Law, that one question can completely change the answer.
5. UAE Labour Law Emergency Leave Guide
An employee calls HR at 7:30 AM “I have a family emergency. I need emergency leave today.”
What happens next? This is where many UAE companies get confused. There is no standalone statutory personal “emergency leave” entitlement for MOHRE regulated private sector employees under Federal Decree Law No. 33 of 2021.
So emergency leave in UAE Labour Law is usually not about finding a fixed number of days. It is about identifying which existing leave category actually fits the emergency.
(A) How Does UAE Labour Law Define Emergency Leave?
For personal emergencies, it does not define a separate leave category. Instead, urgent situations may need to be handled through an existing entitlement such as,
- annual leave
- sick leave
- compassionate leave
- parental leave
- unpaid leave
- or a company specific emergency leave policy
That distinction matters.a family crisis may feel like an emergency, but legally it may need to be processed as annual or unpaid leave.
A death in the family may qualify for statutory compassionate leave. The employee’s own illness may fall under sick leave. So HR should classify the reason for the absence, not simply label everything “emergency leave.”
(B) How Many Emergency Leave Days Does an Employee Get?
For the MOHRE private sector, there is no fixed statutory number. That means claims such as: “Every employee gets 3 emergency days” or “UAE Labour Law gives 15 emergency leave days” should not be treated as general legal rules.
Instead,
| Emergency Situation | Possible Leave Route |
| Employee becomes ill | Sick leave |
| Death of qualifying relative | Compassionate leave |
| Urgent family/personal matter | Annual leave |
| No paid entitlement applies | Unpaid leave, with approval |
| Employer offers extra emergency days | Company policy |
Some employers voluntarily provide a small number of paid emergency days. That can be a valuable employee benefit. But it remains company policy not a general statutory entitlement.
(C) HR Obligations and Best Practices
The HR question should not be “Do we approve emergency leave?” It should be “Which leave category applies to this situation?”
A simple workflow works well: Understand the emergency → check statutory leave first → review company policy → request evidence where reasonable → confirm pay and approval in writing.
HR should also define,
- Who employees should contact
- How quickly they should notify the company
- Which emergencies qualify under internal policy
- Whether extra company emergency leave is paid
- What documents may be required
- What happens when annual leave is exhausted
Supporting evidence might include medical reports, accident documentation, death certificates or travel documents, depending on the situation. Most importantly, HR should never relabel a genuine statutory entitlement as “emergency leave” simply to avoid the correct legal treatment.
(D) Employee Rights and Responsibilities
Employees should understand the difference between a genuine emergency and a legal entitlement to emergency leave. The first can exist without the second.
When an urgent situation occurs, employees should,
- Contact HR or their manager as early as reasonably possible
- Explain the nature of the emergency
- Identify whether an existing leave entitlement applies
- Provide supporting documents where requested
- Communicate the expected return date
- Obtain approval where the leave is discretionary
Employees still retain their normal statutory rights. For example, an employer should not refuse qualifying compassionate leave simply because the absence was initially described as an “emergency.”
But where no statutory category applies, approval may depend on annual leave availability, unpaid leave or company policy.
(E) When Can Emergency Leave Be Refused or Treated as Unauthorised?
Because personal emergency leave is not a standalone statutory entitlement, there is no statutory balance that an employee can automatically “lose.” Instead, the real issue is whether the absence is approved and correctly classified.
An employer may generally refuse a discretionary emergency leave request where,
- no statutory leave entitlement applies
- annual leave cannot be approved
- unpaid leave has not been agreed
- company emergency leave conditions are not met
- the employee provides no reasonable explanation or required evidence
Employees should also avoid simply disappearing from work and explaining the situation later. Where an employee takes time off without approval and no statutory leave category protects the absence, the employer may treat it as unauthorised absence and apply the relevant disciplinary process.
So the practical rule is An emergency can explain an absence. It does not automatically approve it.
(F) Part Time, Free Zone and Public Sector Emergency Leave Can Differ
This section requires extra care. The research does not identify a separate federal statutory personal emergency leave entitlement for part time private sector employees.
For MOHRE regulated workers, the same principle remains to classify the emergency under an existing statutory leave or company policy.
For employees in,
- Financial free zones
- Government entities
- Separately regulated organisations
HR should check the employment framework and internal HR policy that actually applies. Those organisations may offer additional special or emergency leave benefits that are not available under the standard MOHRE private sector framework. Do not assume that one organisation’s emergency leave policy represents UAE Labour Law for everyone.
(G) Lesser Known Facts About UAE Emergency Leave
Several misconceptions are worth clearing up,
- There is no dedicated personal Emergency Leave article in the federal private sector Labour Law.
- There is no universal statutory number such as 3, 5 or 15 emergency days.
- Emergency situations should first be checked against existing leave categories.
- Company emergency leave can be more generous than the law.
- If an emergency is treated as annual leave, normal annual-leave pay rules apply.
- If it qualifies as sick leave, sick leave rules apply.
- If approved as unpaid leave, salary consequences follow the unpaid leave arrangement.
- Genuine compassionate or parental leave should not be downgraded into discretionary “emergency leave.”
There is one more distinction HR should know. The Labour Law also refers to extraordinary emergency situations at a national or sector level, where special measures such as remote work, paid leave or unpaid leave may be introduced.
That is completely different from an employee calling HR because of a personal emergency.
So when someone asks “How many emergency leave days do I get in the UAE?” Do not start with a number. Start with a better question “What exactly happened?” Because under emergency leave in UAE Labour Law, the reason usually determines the right.
6. How Leave Really Works During the Probation Period
Probation creates one of the biggest misunderstandings in UAE HR, “You are on probation, so you are not entitled to leave.” That is not accurate.
Under the UAE Labour Law probation period, some leave rights are restricted, while others continue from the employee’s first day. The key difference is knowing which leave type you are dealing with.
| Leave Type | During Probation |
| Annual leave | Can be granted with employer approval |
| Sick leave | No statutory paid sick leave |
| Maternity leave | Statutory entitlement applies |
| Parental leave | Statutory entitlement applies |
| Compassionate leave | Statutory entitlement applies |
| Public holidays | Paid entitlement applies |
| Study leave | Not available until service requirement is met |
| Emergency / marriage leave | Depends on applicable policy |
(A) How UAE Labour Law Defines the Probation Period
A probation period allows the employer and employee to assess whether the employment relationship is suitable before confirmation.
Under the research provided,
- Probation can last for up to 6 months
- It cannot be extended beyond that maximum
- The same employer cannot place the employee on probation again
- If the employee successfully completes probation, that period counts towards continuous service
Probation changes some employment rules. But it does not suspend the entire UAE Labour Law. That distinction matters whenever HR receives a leave request from a new joiner.
(B) HR Principles for Managing Leave During Probation
The safest approach is to stop treating “probation leave” as one category. Instead, ask What type of leave is being requested?
HR should clearly separate,
- Statutory rights
- Restricted entitlements
- Employer discretion
- Company benefits
A probation policy should explain this before the employee joins. For example “Sick leave during probation is normally unpaid” is very different from saying “employees on probation cannot take sick leave.”
Likewise, maternity and compassionate leave should not be rejected simply because the employee has not yet completed probation. Clear onboarding prevents most disputes later.
(C) Annual Leave During Probation
Annual leave during probation is not automatically prohibited. The research indicates that annual leave begins accruing during employment, while using that leave during probation requires employer approval.
Article 29 allows the employer to agree to grant annual leave from the worker’s balance during probation.
So HR may,
- approve annual leave during probation
- refuse a request based on legitimate operational needs
- deduct approved leave from the employee’s balance
- pay approved annual leave at the applicable full wage
If the employment ends during probation, accrued unused annual leave may still need to be accounted for in the employee’s final settlement. The practical rule, accruing leave and having an automatic right to take it are not the same thing.
(D) Sick Leave During Probation
This is where the law is much clearer. Employees are not entitled to statutory paid sick leave during probation. However, an employer may approve unpaid sick leave where a recognised medical report confirms that the absence is necessary.
So during probation,
| Situation | Treatment |
| Genuine illness + medical proof | Unpaid sick leave may be approved |
| Employer offers enhanced benefit | Company may choose to pay |
| After probation | Normal 90-day statutory sick-leave structure applies |
HR should still require proper medical documentation. Employees should still notify the employer promptly. Probation changes the pay entitlement, not the need to properly document the illness.
(E) Maternity Leave During Probation
This surprises many employers. Maternity leave applies even during probation. The maternity entitlement does not contain the same minimum-service restriction as statutory paid sick leave.
That means an eligible female employee may still receive 45 days at full pay + 15 days at half pay even if she has not completed probation. Pregnancy or maternity leave should also not be used as the reason for ending employment.
HR may still manage genuine performance or employment issues according to the applicable law, but those decisions should remain clearly separated from pregnancy and maternity entitlement. The rule worth remembering Probation does not cancel maternity protection.
(F) Public Holidays and Other Leave During Probation
Several other rights can also apply from the beginning of employment.
Public holidays
Employees remain entitled to officially declared paid public holidays during probation. If they work on a public holiday, the applicable compensatory day or additional-pay rules still apply.
Parental leave
Either qualifying parent may receive 5 working days of paid parental leave within six months of the child’s birth. Probation does not remove this entitlement.
Compassionate leave
Qualifying employees can still receive 5 paid days following the death of a spouse, 3 paid days following the death of specified close relatives There is no service length requirement identified in the research for this entitlement.
Study leave
Different rule. Statutory study leave requires at least 2 years of service, so a new employee on probation would not normally qualify.
(G) Lesser Known Facts About UAE Leave During Probation
This is where HR policies frequently go wrong,
- Probation can last no longer than 6 months.
- Annual leave may be approved during probation, but the employer has discretion over its use.
- There is no statutory paid sick leave during probation.
- An employer can still grant paid sick days as a more generous company benefit.
- Maternity leave continues to apply during probation.
- Parental leave continues to apply during probation.
- Compassionate leave continues to apply during probation.
- Paid public holidays still apply.
- Study leave normally does not apply because of its two-year service requirement.
- Unpaid leave remains subject to employer approval.
- Unpaid periods may affect counted service and eventually influence gratuity calculations.
The biggest mistake is treating probation as an employment law free zone. It is not. A better HR rule is, Check the leave type first. Check probation second. Because under the UAE Labour Law probation period, some entitlements are restricted but several important employee rights begin from day one.
7. What Company Should Pay During Each Leave
Leave approval is only half the job. The second question is where payroll mistakes begin “How much should this employee actually be paid while on leave?”
Under labour law UAE leave salary rules, the answer changes by leave type. Some absences are fully paid, some move through full pay and half pay stages, and others are completely unpaid.
| Leave Type | Typical Salary Treatment |
| Annual leave | Full wage |
| Sick leave | Full → Half → Unpaid |
| Maternity leave | Full → Half |
| Parental leave | Full wage |
| Compassionate leave | Full wage |
| Public holiday | Full wage |
| Unpaid leave | No salary |
| Emergency leave | Depends on classification |
| Marriage leave | Depends on company policy |
(A) The Salary Concepts HR Must Understand First
Before calculating any leave salary, HR needs to separate two terms,
Wage
Basic salary + contractual fixed allowances.
Basic wage
The base salary component used for certain calculations such as gratuity and annual-leave encashment. This distinction becomes especially important when comparing salary while taking leave vs money paid for unused leave when employment ends.
They are not always calculated the same way. A simple HR rule, Never assume “leave salary” and “leave encashment” mean the same calculation.
(B) Annual Leave Salary vs Leave Encashment on Termination
When an employee actually takes annual leave, the research states that the employee receives the applicable full wage during the leave period. That means payroll normally continues with the employee’s basic salary plus regular contractual allowances.
But if employment ends with unused annual leave, the calculation changes. The research uses the following statutory style formula, Basic monthly salary ÷ 30 × unused annual leave days
| Final Settlement Example | Amount |
| Basic salary | AED 9,000 |
| Daily basic rate | AED 300 |
| Unused annual leave | 10 days |
| Leave encashment | AED 3,000 |
So, taking annual leave = full wage Encashing unused leave at termination = basic-salary calculation That difference is one of the most common sources of payroll disputes.
(C) Sick Leave Salary The 15 / 30 / 45 Structure
After probation, sick leave moves through three salary stages.
| Sick Leave Period | Salary Treatment |
| Days 1–15 | Full pay |
| Days 16–45 | Half pay |
| Days 46–90 | Unpaid |
During probation, there is no statutory paid sick leave. Medically supported absence may instead be approved as unpaid sick leave, unless the employer voluntarily offers something more generous.
For HR, the important part is not just approving the medical certificate. Payroll must know how many sick days the employee has already used. An employee on Day 8 and an employee on Day 38 of their annual sick leave balance should not receive the same payroll treatment.
A strong HRIS should therefore code,
- Sick Leave → Full Pay
- Sick Leave → Half Pay
- Sick Leave → Unpaid
- Sick Leave → Probation
(D) Maternity Leave Full Pay First, Half Pay Next
Maternity leave follows another clear salary structure, First 45 days → full pay Next 15 days → half pay Total statutory maternity leave, 60 calendar days per pregnancy.
This salary structure applies regardless of length of service under the research provided, including where the employee is still in probation. HR should configure payroll before maternity leave begins,
| Period | Payroll Treatment |
| Days 1-45 | 100% |
| Days 46–60 | 50% |
| Approved unpaid extension | 0% |
Breastfeeding breaks after the employee returns are also treated as paid working time and should not be deducted from salary or annual leave.
(E) Public Holidays Paid and Different Again If the Employee Works
Official UAE public holidays are paid. So if the employee does not work on the declared holiday, normal salary continues.
If the employee does work, the research identifies two possible treatments provide a compensatory day off, or provide the applicable additional pay
The research notes additional compensation involving the normal wage plus at least 50% of basic remuneration when the pay route is used.
This rule applies during probation as well. HR should therefore avoid treating a public holiday as an ordinary unpaid absence simply because no work was performed that day.
(F) Emergency Leave Salary Depends on How HR Classifies the Absence
There is no standalone statutory private sector emergency leave salary. That means the reason and classification determine the pay.
| Emergency Classified As | Salary Treatment |
| Annual leave | Full wage |
| Sick leave | Sick-leave pay tier |
| Compassionate leave | Full wage |
| Parental leave | Full wage |
| Unpaid leave | No salary |
| Company emergency leave | Follow company policy |
This is why HR should never create one generic payroll code called “Emergency Leave” without defining what sits behind it. Two employees can both say they had an “emergency” and still have completely different salary outcomes.
(G) Marriage Leave and Other Special Leave Check the Company Policy First
For MOHRE regulated private sector employees, the research does not identify a federal statutory marriage leave salary entitlement.
So if a company offers marriage leave, HR policy should clearly state,
- how many days are available
- whether the leave is paid or unpaid
- what salary basis applies
- what documentation is required
- whether it can be combined with annual leave
Dubai and Sharjah government frameworks may provide separate paid marriage leave rights for certain eligible government employees, but these should not be applied automatically to private-sector employees.
The same principle applies to other company created leave categories. If the Labour Law does not define the salary treatment, the employment contract and HR policy become extremely important.
The HR Rule Worth Remembering When calculating leave salary as per UAE Labour Law, HR should answer three questions in order,
1. What type of leave is this?
2. Is it full pay, half pay or unpaid?
3. Am I calculating salary during employment or encashment at termination?
Get those three answers right, and most UAE leave payroll errors disappear.
8. How Leave Works During Notice Period
A notice period does not place employment on hold.
The employee is still employed. Salary continues. Leave can continue to accrue. And statutory leave rights do not simply disappear because someone has resigned or received termination notice.
Under the UAE Labour Law notice period, the contractual notice must generally fall between 30 and 90 days, and the employment relationship continues until the final working day.
| During Notice | General Position |
| Salary | Continues |
| Annual leave accrual | Continues |
| Sick leave | Can still apply |
| Maternity / parental / compassionate leave | Still protected |
| Unused annual leave | Settled at termination |
| Failure to serve notice | Compensation may become payable |
(A) Core Legal Rules About Notice and Leave
During the UAE Labour Law resignation notice period, employees are normally expected to continue working and complete their handover.
The research identifies three important rules,
- contractual notice is generally 30-90 days
- the employee continues receiving their wage during the notice period
- if either side fails to serve the agreed notice, notice period compensation may be payable for the unserved portion
This is particularly important when discussing UAE Labour Law resignation without notice. The research file supports the general rule that leaving without serving the agreed notice can create a compensation liability equal to the wage for the unserved period.
It does not, however, provide a complete analysis of every statutory exception where resignation without notice may be legally permitted, so those exceptions should be handled separately rather than assumed here.
The simplest HR principle, Notice is still employment not a waiting room before termination.
(B) Annual Leave During the Notice Period
This is one of the most common HR questions “Can I use my remaining annual leave instead of working my notice?”
According to the research, there is no automatic right for an employee to decide that unused annual leave will replace notice. The default position is that the employee should continue working unless annual leave is approved or otherwise arranged.
If annual leave is approved during notice,
- the employee receives normal annual leave pay
- the leave balance is reduced
- the research indicates the leave and notice may run concurrently
- the termination date would generally remain unchanged under that treatment
If the leave is not taken, the unused accrued annual-leave balance should be settled in the final payment under the applicable annual leave encashment rules.
A practical comparison,
| HR Decision | Result |
| Approve annual leave in notice | Leave balance is used |
| Employee works full notice | Unused leave remains |
| Employment ends with unused leave | Balance is encashed |
For HR, the business question is usually simple, do we need the employee for handover, or is using leave more practical?
(C) Sick Leave During the Notice Period
Resigning does not make an employee immune to illness. If an employee becomes genuinely sick during an already running notice period, the research states that normal sick leave rules continue to apply once the employee has completed probation.
That means the usual pay structure still matters: 15 days full pay → 30 days half pay → 45 days unpaid
HR should,
- request the normal medical evidence
- check the employee’s existing sick-leave balance
- apply the correct salary tier
- record the absence as sick leave rather than annual leave
The research further indicates that sick leave taken during an already running notice period can run concurrently with that notice rather than automatically extending the end date.
So an employee cannot simply be told, “You resigned, therefore you cannot take sick leave.” The correct question remains, “Does this absence meet the normal sick-leave requirements?”
(D) Unpaid Leave and the Job Search Day During Notice
Ordinary unpaid leave does not suddenly become an employee right just because someone is serving notice. It still generally requires mutual agreement.
HR should therefore avoid forcing an employee onto unpaid leave or allowing informal unpaid absences without written confirmation. There is, however, one important notice specific rule in the research. When the employer terminates the employee
The employee is entitled to one unpaid day per week during the notice period to search for another job. The employee chooses the day and should notify the employer at least three days in advance.
That entitlement applies where the employer terminates the contract. It should not automatically be applied to an employee who voluntarily resigns.
A useful HR distinction,
| Situation | Unpaid Time Off |
| Employee requests ordinary unpaid leave | Requires agreement |
| Employer terminates employee | 1 unpaid job search day per week |
| Employee resigns voluntarily | Research does not give the same job-search entitlement |
(E) How Leave Affects Notice Start and End Dates
Timing is where notice period cases become more technical. The research distinguishes between two situations. Notice is issued while the employee is already on leave
The research states that where notice is given while the employee is already on leave, the notice period may begin after the employee returns, unless both sides agree otherwise.
Leave begins after the notice period has already started
Where notice is already running and approved leave is then taken, the research indicates that the leave and notice can generally run at the same time, rather than automatically pushing the termination date forward.
So HR should never assume, leave automatically extends notice or leave never affects notice. The sequence matters. Was the employee already on leave when notice was given or did the leave begin after notice had started? That one detail can change the answer.
(F) HR Checklist – Best Practice for Leave During Notice Period
When an employee resigns or is terminated, HR should run through this checklist before approving any leave,
1. Confirm the notice period
Check the contract and verify whether it is 30, 60, 90 days or another legally compliant period.
2. Check the leave balance
Identify annual, sick and other applicable entitlements.
3. Protect the handover
Decide whether annual leave can reasonably be taken without damaging the transition.
4. Apply the correct pay rule
Annual leave, sick leave and unpaid leave should not be posted the same way.
5. Respect statutory leave
Maternity, parental and compassionate leave do not disappear because the employee is serving notice.
6. Handle unpaid leave carefully
Use written agreement and distinguish ordinary unpaid leave from the employer termination job search day.
7. Confirm the final date in writing
Do not leave employees guessing whether approved leave changes their last working day.
8. Complete final settlement correctly
Unused annual leave should be included where applicable.
The biggest mistake HR can make is treating notice as a period where normal leave rules stop applying. They do not. Under the UAE Labour Law notice period, the real challenge is managing leave, salary, handover and the termination date at the same time without confusing one entitlement with another.
9. Leave is Only One Part of UAE Employment Compliance
Leave decisions rarely exist in isolation. A sick leave request can affect payroll. Unpaid leave can affect service calculations. A resignation can bring annual leave, notice periods and final settlement into the same conversation.
That is why understanding UAE Labour Law leave rules is valuable but understanding how those rules connect to the wider employment relationship is even more important.
If you want to go beyond leave entitlements, our complete UAE Labour Law employee guide explains the wider framework governing employment in the UAE, including salary rules, workplace protections, employer obligations, employee rights, termination and other areas HR teams regularly deal with.
There is another side of employment compliance that is just as practical, the employee’s official labour records.
Our UAE Labour Card guide explains the process from beginning to end including how labour cards are issued through official channels, how to access the digital card, what happens during cancellation, and what employees can do when employment record disputes arise.
The Rule HR Should Remember, When a leave request reaches your desk, do not ask only “How many days can this employee take?” Ask the complete set of questions What does the law provide? How should the leave be paid? What records must HR maintain? Does it affect service or final settlement? And which employment rule applies next?
That is the difference between simply approving leave and managing it correctly under UAE Labour Law. Because strong HR compliance is not built by memorising individual rules. It is built by understanding how those rules connect.
Frequently Asked Questions About UAE Labour Law Leaves
1. How many sick leave days are employees entitled to under UAE Labour Law, and when are they fully paid, half paid or unpaid?
Under the UAE Labour Law sick leave rules, a private sector employee who has completed probation can receive up to 90 days of sick leave per year, taken continuously or across separate illnesses. The payment structure is straightforward, the first 15 days are at full pay, the next 30 days are at half pay, and the remaining 45 days are unpaid. This 90 day entitlement is an annual pool rather than a fresh allowance for every illness. Employees are also expected to notify the employer promptly and provide the required medical evidence.
For example, imagine Ahmed takes 10 sick days in March and another 12 days in August. Because the days are cumulative, the first 5 days of his August absence would complete his 15 day full pay allowance. The remaining 7 days would move into the half pay stage. Similarly, if an employee is medically absent for 50 days continuously, the first 15 days would be fully paid, the next 30 days half paid, and the final 5 days unpaid. This is how sick leave as per UAE Labour Law should generally be tracked by HR after probation.
Employees still within probation are different, they do not have a statutory entitlement to paid sick leave, although an employer may approve unpaid sick leave when supported by an appropriate medical report.
2. Can an employee take sick leave during the UAE probation period, and is a medical certificate required?
Under UAE Labour Law sick leave rules, an employee who is still on probation is not entitled to statutory paid sick leave. However, the employer may approve unpaid sick leave during probation when the employee provides a medical report from a recognised medical authority confirming that the absence is necessary. In other words, sick leave as per UAE Labour Law can still be granted during probation, but the key difference is that it is normally unpaid unless the company offers a more generous internal benefit.
For example, if Priya is in her third month of probation and a doctor advises her to rest for four days because of a severe infection, she can submit the medical certificate to HR and request those days as authorised unpaid sick leave. If her company has an enhanced policy that pays employees for a limited number of sick days during probation, she may receive salary but that extra payment comes from company policy, not the statutory minimum.
Medical documentation is important even when the leave is unpaid. Employees should notify the employer promptly and provide appropriate medical evidence; otherwise, the absence could be treated as unauthorised rather than genuine sick leave. Once probation is completed, the normal 90 day UAE Labour Law sick leave structure can apply, subject to the relevant conditions.
3. Is UAE annual leave calculated as 30 calendar days or working days, and do weekends and public holidays count?
Under UAE Labour Law annual leave rules, the standard private sector entitlement is generally calculated in calendar days, not working days. After completing one full year of service, an employee is entitled to at least 30 calendar days of annual leave. This means weekends that fall inside the approved leave period normally count as part of the leave balance. Public holidays falling within the annual leave period are also generally treated as part of that leave period unless the employment contract or company policy gives the employee more favourable treatment.
For example, imagine Sara takes annual leave from Monday to the following Sunday. Even if Friday and Saturday are her normal weekly rest days, the full period may still be counted as calendar day annual leave rather than only the days she would normally work. Similarly, if an official UAE public holiday falls in the middle of her approved annual leave, that holiday may still form part of the leave period unless her employer’s policy specifically adds the public holiday back to her balance.
This is why employees should not automatically assume that 30 days of UAE Labour Law annual leave means 30 working days. HR should clearly state in the employment contract or leave policy how calendar days, weekends and public holidays are handled so employees know exactly how many days will be deducted before booking longer holidays.
4. Can an employer refuse, postpone or force an employee to take annual leave in the UAE?
Under UAE Labour Law annual leave rules, employers can manage when annual leave is taken based on operational requirements, but they should not permanently deny an employee the right to use accrued leave. The research indicates that employers may set or schedule leave dates in coordination with employees and should provide appropriate advance notice. In practice, this means HR can postpone a requested holiday when there is a genuine business reason, but the employee’s legal annual-leave entitlement still remains.
For example, if Omar requests two weeks of leave during his company’s busiest audit period, HR may ask him to move the dates to a quieter month. That is different from telling him he cannot take annual leave at all. Similarly, if a company needs to manage excess accumulated leave, it may schedule employees to take leave according to business needs, provided the process follows the applicable rules and the employee’s entitlement is respected.
The key point is that UAE Labour Law annual leave gives employers some control over timing, not ownership of the entitlement itself. HR can manage when leave is taken, but should not simply erase, indefinitely block or reduce accrued annual leave below the statutory minimum.
5. What happens to unused annual leave when an employee resigns or is terminated, and how is leave encashment calculated?
Under UAE Labour Law annual leave rules, an employee who leaves the company with unused accrued annual leave is generally entitled to receive a cash payment for those remaining days as part of the final settlement. The research indicates that this leave encashment is calculated using the employee’s basic salary, not the full salary package, unless the employment contract or company policy provides a more generous formula.
For example, if an employee has a basic salary of AED 9,000 and has 10 unused annual leave days, the daily basic rate would be AED 9,000 ÷ 30 = AED 300. The estimated leave encashment would therefore be AED 3,000 for those 10 days.
The same principle can apply whether the employee resigns or is terminated. Accrued leave from the final part of the employment period should also be considered, so an employee does not normally lose earned leave simply because the contract ends before the next full leave year is completed. Under UAE Labour Law annual leave rules, the key distinction is this, when annual leave is actually taken during employment, the employee generally receives full wage, but when unused leave is paid out at termination, the statutory calculation is typically based on basic salary.
6. How many maternity leave days are employees entitled to in the UAE, and can maternity leave be taken during probation?
Under the maternity leave UAE Labour Law framework, a female employee in the MOHRE regulated private sector is entitled to 60 calendar days of maternity leave per pregnancy. The first 45 days are paid at full wage, followed by 15 days at half pay. Unlike statutory paid sick leave, maternity leave does not require the employee to complete probation or a minimum service period first, so the entitlement can apply from the beginning of employment.
For example, imagine Neha joins a company in January and is still within her probation period when her maternity leave begins in April. She would not lose the maternity entitlement simply because she has not completed six months of service. Under the maternity leave UAE Labour Law rules reflected in the research, she can still receive the standard 60 day structure of 45 days at full pay and 15 days at half pay.
The law also provides additional protection where medical complications arise. For instance, if an employee finishes her 60 day maternity leave but is medically unable to return because of pregnancy or childbirth related illness, she may qualify for up to 45 additional unpaid days, supported by appropriate medical evidence. Separate additional leave can also apply where a sick child or child of determination requires continuous care.
7. Can UAE maternity leave be extended for medical reasons, and are breastfeeding breaks paid after returning to work?
Under the maternity leave UAE Labour Law framework, maternity leave can be extended in certain medical situations. After the standard 60 day maternity leave, a female employee may take up to 45 additional days of unpaid leave if she or her child suffers from an illness related to pregnancy or childbirth that prevents her from returning to work. This extension must be supported by a medical certificate from an approved medical authority.
For example, imagine Fatima completes her 60 days of maternity leave but develops a post delivery medical complication and her doctor recommends another 20 days of recovery. If the condition is properly documented, those 20 days can fall within the additional unpaid maternity related leave period. The research also identifies separate additional leave where a child is sick or a child of determination and requires continuous care, including 30 days at full pay followed by a possible further 30 days unpaid.
Breastfeeding breaks are also protected under the maternity leave UAE Labour Law rules. After returning to work, a mother is entitled to one or two breastfeeding breaks per day, totalling no more than one hour, for up to six months from the date of delivery. These breaks are treated as paid working time and should not be deducted from salary, annual leave, or required to be made up later. For example, if an employee takes two 30 minute nursing breaks during her working day, HR should treat that hour as paid time rather than an absence.
8. Is there a legal emergency leave entitlement under UAE Labour Law, and is emergency leave paid or unpaid?
There is no standalone statutory personal emergency leave entitlement for MOHRE regulated private sector employees. In practice, emergency leave in UAE Labour Law depends on what caused the emergency and which existing leave category applies. A personal crisis may be handled through annual leave, sick leave, compassionate leave, parental leave, or approved unpaid leave. If the employer has its own emergency-leave policy, that benefit can also apply.
For example, if Ravi needs urgent time off because his father has passed away, HR should not simply label it “emergency leave.” If the relationship qualifies under the statutory compassionate leave rules, the absence should be treated as paid compassionate leave. If another employee needs two days off because of an urgent family matter that is not covered by a statutory leave category, the company may approve annual leave or unpaid leave depending on the circumstances and internal policy.
The salary therefore depends on the classification. If the emergency is processed as annual or compassionate leave, it can be paid. If it is processed as approved unpaid leave, no salary is due for those days. This is why HR should avoid using one generic “emergency leave” label and instead identify the correct legal or policy based leave type behind the absence.
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