UAE Employees Can Take Unpaid Leave for Family Medical Emergencies, but Employer Approval Remains Mandatory

Employees in the UAE who need to take time off to care for an ill family member may apply for unpaid leave after exhausting their annual leave entitlement, provided the employer agrees to the arrangement. The latest provisions under the UAE Employment Law allow workers and employers to mutually agree on leave without pay, including in cases involving medical or family emergencies.

Under Federal Decree-Law No. 33 of 2021 on the Regulation of Employment Relations, unpaid leave is permitted only with the consent of the employer. The law states that an employee may take unpaid leave in addition to the categories of leave specifically recognised under the legislation, such as annual leave, maternity leave and sick leave. However, such leave is not considered an automatic entitlement and must be approved by the employer.

This means an employee facing a personal or family medical emergency may request extended leave after using available annual leave days. Employers may approve the request depending on company policy, operational requirements and the circumstances involved. Legal experts advise employees to obtain the approval in writing to avoid future disputes regarding unauthorised absence.

While unpaid leave is legally permissible, employees are also required to return to work immediately after the approved leave period ends. UAE law allows employers to terminate employees without notice if they remain absent without a valid reason accepted by the employer for more than 20 intermittent days in a year or for more than seven consecutive days.

The law further requires that such dismissal be preceded by a written investigation and a formal written dismissal decision explaining the reasons for termination. Employers therefore retain the right to take disciplinary action if an employee fails to resume duties after the expiry of approved leave.

Another important implication of unpaid leave relates to an employee’s length of service. The Employment Law specifies that periods spent on approved unpaid leave are not counted while calculating the employee’s service period or pension-related benefits under applicable laws. This could affect end-of-service benefit calculations in certain cases where long periods of unpaid leave are involved.

Employees should also be aware of the rules relating to prolonged absence from work. Under Cabinet Resolution No. 1 of 2022, employers may file an absconding complaint with the Ministry of Human Resources and Emiratisation if an employee remains absent from work for seven consecutive days without lawful justification or communication.

For this reason, legal and HR professionals generally recommend maintaining written communication with the employer throughout the leave period, especially in medical emergency situations. Any extension of unpaid leave should also be formally approved before the existing leave period expires.

In practice, many employers in the UAE allow unpaid leave on compassionate or humanitarian grounds, particularly in cases involving serious illness of a spouse, child or parent. However, since the law leaves the matter largely to employer discretion, employees are encouraged to discuss the situation early, submit supporting medical documents where necessary and ensure all approvals are properly documented.

The current legal framework therefore allows employees to seek unpaid leave during family medical emergencies, but the arrangement depends primarily on employer consent and compliance with absence-related rules under UAE labour law.