UAE Emergency Leave – According to UAE Labor Law

Emergency leave is a rare optional leave in the UAE although employees can apply for it. In this way, employees can respond to emergencies or unforeseen situations that justify this request. However, this is in the hands of the employer and you may receive a refusal depending on certain circumstances.

In this article, we will show you in detail how to apply for emergency leave in the United Arab Emirates. Likewise, you will be able to learn details about this permit and other licenses established in the labor law of the country.

What is an Emergency Leave in UAE?

Emergency leave is time off that an employer can grant an employee to attend to an emergency or unforeseen event. However, the UAE labor law does not contain any article or rule governing this type of leave. Therefore, obtaining this permission is at the sole discretion of the employer, so it can be denied without legal consequences.

How can you apply for an Emergency Leave?

To do the emergency leave application, you must follow certain recommendations as for any other application. Also, you must carry out each step by taking the necessary measures to carry out the process correctly. Next, we will show you what you must do to request a permit to deal with any unforeseen event or emergency:

Information your employer

To begin, you must inform your supervisors about each aspect of the license you want to obtain. However, you should consider that, as we indicated, the company is not obliged to grant you this permission. Therefore, try to make the request as soon as possible to anticipate a refusal and act accordingly.

If you cannot request it in person, you can do so via an emergency leave email. Also, try to include some evidence of the emergency you must attend to give greater strength to your request.

Formalize the request

The first step on how to apply for emergency leave is to officially present it to your bosses. However, although the company should not take long to respond, formalize the request to affirm the seriousness of the matter. As we already mentioned, you can send an email explaining the situation to the HR department of the company where you work.

Additionally, through evidence that supports the emergency, you can report the seriousness of the situation. Likewise, you can avoid any misunderstanding at the time of application.

Maintain communication with your employer

If your employer approves emergency leave, you may be absent from work for the allowed time. However, maintain a positive relationship with your employer through constant and assertive communication. This should be no different if you do remote work for the company, as it maintains the formality of the situation.

Therefore, through continuous communication, you will be able to dispel any doubts regarding the requested permission. As with the request, try to send evidence that the situation continues or that you are resolving the problem.

Respect the days of the permit

Adhering to the leave days your company has given you shows the company that it can trust you. However, if you need to extend the emergency leave in UAE, you must inform the Human Resources department of the company in good time. The said department can understand the situation since it is an emergency and there is no precise time for it.

If you strictly adhere to the allotted time when solving the problem, you are more likely to get it again another time. Respect for the duration of the license, as well as effective communication, allows you to have greater confidence and commitment to your company.

Termination of emergency leave in UAE

At the end of your emergency leave, you should report the entire situation to your supervisor or immediate boss. Similarly, you must comply with any possible commitments made with the company upon receiving the permit. In this case, you may need to spend more time completing pending tasks during your absence.

Emergency Leaves during the Probation Period

As you may already know, the trial period is used so that the employer can evaluate the employee for the job that hired him/her. In addition, it serves to determine the convenience of the work for both parties involved. This period, according to the rules of the UAE Labor Law, cannot exceed 6 months.

However, the employer may terminate the contract of the employee before the end of that period. Moreover, during the probationary period, the employee is not eligible to obtain any of the aforementioned licenses. Therefore, workers in this period cannot receive emergency leave from their employer.

The Paid Leaves as per New UAE Labor Law

Formally, there is no emergency leave in UAE labour law although it does establish others. In this case, each of them allows a specific number of days and the remuneration or not of each one. Next, we will show you each of the details of the different labor law leaves:

Annual Leave

The employer is the one who sets the timing of the annual leave of the employee in the UAE. Additionally, the employee must have at least 6 months of work in the company to receive this leave. Also, although the company determines when it gives the license, the law establishes the number of days according to the following rules:

• Employees with more than 6 months but less than 1 year receive 2 days of leave for each month of work.
• Employees with more than 1 year of work receive 30 days of annual leave.
• In the same way, workers who will not renew their contract with the company will obtain vacation days not used in the previous year. Another thing to keep in mind is that the company may not consider weekends at this time. Therefore, you should confirm this situation with your boss to be clear.
• On the other hand, probationary workers do not receive annual vacations according to labor law. Additionally, there are other features of this permit that employees and employers should consider:
• The employee must be paid based on his or her regular salary.
• If the employee must work during his vacation, he will receive the base salary plus a vacation allowance.
• Employees who do not use their vacation time must receive compensation.

Therefore, as with emergency leave, The employer decides when the employee can take it. However, vacation leave does have an established period and is mandatory.

Maternity Leave

Maternity leave is another one in which the employer must grant it compulsorily. This leave consists of 60 days which can take even 30 days before the probable date of delivery. Also, the female worker can take 45 additional days if she suffers from a disease as a consequence of pregnancy or childbirth.

Nevertheless, the employer must prove the illness through a medical certificate from the medical authority. Similarly, these days can be continuous or intermittent. Additionally, payment for maternity leave in the UAE consists of the following:

• Full payment during the first 45 days
• Half salary for the next 15 days

Sick Leave

Another permit, which, unlike emergency leave, is mandatory, is sick leave. However, to receive it, the employee must present a certificate to prove the disease. In addition, UAE labor legislation establishes the length of leave that the employee must receive in each case.

One of the most important aspects to consider is that the employer cannot delay payments or they will suffer penalties. In this way, the employer must make payments for this leave in the following way:

• The worker must receive full payment during the first 15 days of the leave.
• For the next 30 days, you will receive only half of your base salary.
• For the following days, the employee will not receive any payment.

Additionally, the labor law establishes certain guidelines so that the employer can grant said leave. The provisions in this regard are the following:

• The employee must provide notification of the illness to HR within 48 hours of the illness. Likewise, you must submit a detailed report after the illness ends.
• Probationary workers cannot get sick leave.
• During the leave, the employer cannot fire the employee, although the employee must return to work after 90 days.
• The employee may resign before the end of the first 45 days of sick leave. However, only the doctor authorized by the company will be able to determine if the illness is sufficient for resignation. If the resignation is authorized, the company will compensate the employee for the remaining 45 days of the leave.

Bereavement Leave

is not considered an emergency leave application, which is considered by UAE labor law. In this case, the employee can obtain 5 days of leave for the death of a spouse However, you can only receive 3 days of bereavement leave for the death of a parent, child, grand parent, or other relatives.

Parental Leave

Employees of private companies are entitled to 5 working days of paternity leave in the UAE. In addition, the employee can enjoy said leave from the day of the birth of the child until 6 months after that. Furthermore, the employee will receive payment for the duration of the parental leave.

Study Leave

This license is only for workers with at least 2 years of continuous work in a company. In this case, they will receive 10 days of leave per year to take exams. However, the employee must study in one of the certified educational institutions in the UAE.

Is Emergency Leave Paid or Unpaid in UAE?

On emergency leave the employee does not receive any payment. This is because, although the other leaves are paid, the labor law does not contemplate the latter in any article. However, there may be an agreement in the employment contract to pay for this leave.

Therefore, employees should discuss these types of issues with their employers before signing an employment contract. They should also be aware of all aspects of company policy regarding this and other types of licenses. Some employers may provide payment for certain emergencies, although remember they are not required to do so.

What happens if you do not receive an emergency license?

Your employer may deny you emergency leave, as the law does not require you to provide it. This can happen for a variety of reasons, such as a negative experience of the employer with other employees. In this sense, perhaps a worker requested leave to attend to an emergency and did not return to work.

This type of situation can affect all employees who must request said leave. However, if your relationship with your boss is positive and trusting, you may be granted leave. However, the company may have a policy in place that does not grant these types of permissions.

In any case, you could look for other solutions in the labor law of the Emirates to address the emergency. For example, if your employer allows it, you can use part of your vacation days or sick leave. However, if you still receive a refusal, do not get involved in any arguments with your superiors.

If you do, they may take disciplinary action against you and may even fire you or force you to resign. Additionally, if you can postpone resolving the emergency, you should do so if permission is denied.

Conclusion

There is no obligation for emergency leave in UAE labour law, so the employer is not obligated to it. However, an employer may grant it based on its discretion and the reasons for the leave. The important thing is that you should try to send a formal request with all the details of the emergency that you must attend to.

Furthermore, you should consider that you will not receive any payment for this leave unless there is a prior agreement with the employer. You must know about these and other important legalities in the country. Thus, to know more about labor laws and other legal aspects in the country, just contact us at any time.