DUBAI: UAE labour law allows employers to withhold salary and, in some cases, terminate employment if a worker fails to return after leave without a valid reason, according to Federal Decree-Law No. 33 of 2021.
The clarification comes as some residents face travel disruptions that may delay their return to work.
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What the law says about absence after leave
Under Article 34 of the UAE Employment Law, employees who do not return to work after their approved leave—and do not provide a legitimate reason—are not entitled to salary for the days they are absent.
This follows a standard “no work, no pay” principle applied under the law.
However, this provision only applies when no valid justification is given for the absence.
When termination may apply
The same law outlines conditions under Article 44 where an employer may dismiss an employee without notice, including cases of prolonged absence.
This may apply if an employee is absent:
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For 7 consecutive days, or
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For 20 non-consecutive days within a year
But this is not automatic.
Employers are expected to follow due process, which may include:
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Conducting a written investigation
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Documenting the absence
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Issuing a formal decision in writing
Key detail: valid reasons still matter
The law allows room for consideration if the employee has a legitimate reason for not returning on time.
Examples may include:
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Medical emergencies
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Flight cancellations or travel restrictions
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Other unexpected situations beyond the employee’s control
In such cases, outcomes may vary depending on the documentation provided and the employer’s internal policies.
Why this matters for UAE residents
For workers currently outside the UAE or planning travel, the key issue is not just absence—but lack of communication and documentation.
Employees are advised to:
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Inform their employer immediately if delays occur
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Provide proof or documentation when possible
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Stay in contact with HR or management until they return
What to keep in mind
There is no immediate change in policy, but the law clearly defines how absence after leave is handled.
Employees who are unable to return on time are not automatically penalized, but failure to explain or justify the absence may affect both salary and employment status.
For now, authorities and employers continue to apply these rules based on individual circumstances, especially in cases involving travel disruptions.