Can UAE Employers Deduct Study Leave from Annual Leave? Here’s What the Law Says About Your Entitlement

The UAE's labour law grants employees the right to paid study leave, but only if certain conditions are met. Workers pursuing higher education often assume they are automatically entitled to 10 days of paid leave for examinations. However, the law ties this benefit to specific eligibility requirements, including the employee's length of service.

Under the UAE Labour Law, an employee may be granted 10 working days of paid study leave each year to sit examinations, provided they are enrolled and regularly studying at an educational institution approved in the UAE. To qualify for this entitlement, however, the employee must have completed at least two years of continuous service with the same employer. The employee must also provide the necessary proof from the relevant educational institution to support the leave request.

This means that an employee who has worked for the employer for only one year does not yet qualify for the statutory paid study leave. In such cases, the employer is legally entitled to refuse the request for paid study leave and may instead require the employee to use their annual leave if they wish to take time off for examinations.

The law also provides another option for employees who need additional time away from work. Employees may apply for unpaid leave, but this is subject to the employer's approval. Unlike statutory paid leave, unpaid leave is not an automatic entitlement and can only be taken with the employer's consent.

Employees should also note that any period of unpaid leave approved by the employer is not counted towards their continuous service with the employer or towards contributions under any applicable retirement or pension scheme, in accordance with the relevant legislation.

In short, while UAE law recognises the importance of supporting employees pursuing education, the right to paid study leave becomes available only after completing two years of service. Until then, employers may require employees to utilise their annual leave or, where mutually agreed, take unpaid leave to attend examinations.

 

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