Question: Can you explain the concept of leave without pay? I need to go on a long leave, but I have exhausted all my paid days off. If I were to opt for leave without pay, how would it be calculated? What’s the maximum I can avail? If I am taking the leave with my employer’s knowledge, under what circumstances can I lose my job?
Response: It is assumed that you are employed by a mainland entity based in the UAE. Therefore, the provisions of the Employment Law and Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree Law No. 33 of 2021 regarding the Regulation of Employment Relations are applicable.
In the UAE, an employee may avail of unpaid leave based on the consent of the employer. This is in accordance with Article 33(1) of the Employment Law.
Based on the aforementioned provision of law, an employee may avail of unpaid leave. However, an employer may have the right to terminate the employee if he does not resume the employment within seven days after the exhaustion of his or her unpaid leave.
This is in accordance with Article 44 (8) of the Employment Law, which states: "An employer may dismiss the employee without prior notice, after a written investigation with him, and dismissal shall be in writing and reasoned, and given by the employer, or his representative to the employee, if the employee absents from work without...
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