Unpaid Leave in Saudi Arabia: When You Can Take It?

Unpaid leave in Saudi Arabia is a flexible legal option that allows employees to take time off work without pay when facing exceptional personal or professional circumstances. Whether it’s for health reasons, pursuing higher education, or attending to family matters, the Saudi Labor Law provides clear guidelines for requesting and approving such leave.

The law ensures that while the employee is away, their core rights remain protected provided the leave is agreed upon by the employer and within the boundaries set by the labor regulations.

Unpaid Leave in Saudi Arabia

The Labor Law in the Kingdom of Saudi Arabia is considered one of the advanced systems designed primarily to protect workers’ rights and ensure their well-being under various circumstances. At times, an employee may face social or health conditions that require a long leave exceeding their regular annual vacation, placing them in a difficult position between continuing their job or risking losing it.

To address such situations, the system allows employees to request unpaid leave in Saudi Arabia when there is a valid reason, provided the employer approves the request. This right is clearly stated in Article (116) of the Saudi Labor Law, which permits an employee to apply for unpaid leave if justified by circumstances.

However, employees should be aware that this leave should not exceed 20 days unless there is a mutual agreement with the employer. If the unpaid leave in Saudi Arabia extends beyond this limit without a written agreement, all contractual obligations between both parties are temporarily suspended, as clarified in Article (25) of the Executive Regulations.

Thus, the Saudi Labor Law offers flexibility to both employees and employers, allowing workers to handle exceptional situations without jeopardizing their jobs, while ensuring that employers maintain operational continuity within a clear and defined legal framework.

Read also: Maternity Leave in Saudi Arabia for Expats: What Woman Needs to Know?

Unpaid Leave Duration and Its Impact on Employee Rights

The Ministry of Human Resources and Social Development in the Kingdom of Saudi Arabia has set clear regulations regarding unpaid leave in Saudi Arabia under the Labor Law, specifying a maximum duration of 30 days per year. However, in exceptional circumstances, the leave period may be extended—provided that the employee obtains approval from the employer and submits justifiable reasons for the extension.

The Saudi Labor Law also outlines the employee’s rights during this unpaid leave in Saudi Arabia period, ensuring their legal protection and clarifying their responsibilities. These rights include:

1. Job Security: During unpaid leave, the employee retains their job and remains under contract with the employer. They have the right to return to their position immediately after the leave ends, without the risk of termination or changes to their employment status.
2. No Salary During Leave: It’s essential for employees to understand that this type of leave is without pay. No salary or financial compensation will be provided for the days covered by unpaid leave, and this must be clearly agreed upon in advance.
3. Social Insurance Considerations: Unpaid leave may affect the employee’s social insurance status, although continued enrollment is possible. Therefore, it’s advisable for employees to contact the relevant insurance authority to ensure their entitlements and contribution periods remain unaffected.
4. Protection from Disciplinary Action: As long as the employee presents a valid reason for the leave and obtains approval from the employer, they are protected from any disciplinary measures during their absence.

Cases That Justify a Request for Unpaid Leave

At certain times, an employee may go through personal or professional circumstances that require stepping away from work temporarily, without having enough annual or paid leave balance. In such cases, unpaid leave becomes a legal option that allows the employee to take time off—provided there is a valid reason and the employer’s approval.

Here are the most common situations in which an employee may request unpaid leave:

1. Pursuing Education or Training Programs

If the employee wishes to continue higher education or enroll in professional development courses, they have the right to apply for unpaid leave, provided they submit supporting documents such as an official acceptance letter or a training plan. This is one of the most acceptable reasons, as it benefits the employee and potentially the employer in the long run.

2. Special Health Conditions

When an employee faces a medical condition that requires a longer recovery period than what the standard paid sick leave allows, they may request unpaid leave, as long as they submit a valid medical report detailing the diagnosis, treatment plan, and recovery period. This kind of leave allows the employee adequate time to heal without risking job loss.

3. Urgent Family Situations

There may be compassionate cases that require the employee to be with a family member, such as accompanying a patient for treatment in another city or providing care for a critically ill relative. In such cases, the employee can apply for unpaid leave, provided they submit the necessary documents—such as a medical report or official documentation confirming the urgent family need.

What Are the Conditions Required to Obtain Unpaid Leave?

Under the Saudi Labor Law, employees are allowed to take unpaid leave in Saudi Arabia, but only if specific conditions are met. These conditions ensure that both the employer and employee are legally protected and that the leave process remains transparent and documented. The key conditions for unpaid leave in Saudi Arabia include:

1. Submitting a Formal Request by the Employee

The employee must personally submit a leave request at an appropriate time, clearly stating the reasons and the desired duration. This enables the employer to review and consider the request.

2. Obtaining Employer Approval

Unpaid leave is not valid unless the employer gives written approval. The employer has the right to either accept or reject the request, depending on work conditions and business needs.

3. Pre-Agreement on the Leave Duration

The leave period must be clearly agreed upon by both parties. If the employee exceeds the agreed duration without permission or a valid excuse, it will be considered unauthorized absence, giving the employer the right to take disciplinary action.

4. Providing a Legitimate Reason

There must be a justified and valid reason for the unpaid leave, such as pursuing education, a medical condition, emergency travel, or urgent family matters.

5. In Fixed-Term Contracts

The unpaid leave in Saudi Arabia period is not counted as part of the contract term unless both parties explicitly agree otherwise.

Learn about: Sick Leave Saudi Labor Law: Know Your Esential Rights

Conclusion

Unpaid leave in Saudi Arabia is more than just time off without pay; it’s a legal arrangement that must be managed with clear understanding and proper documentation. For expert legal support and tailored advice on Saudi labor law and employment rights, Etqan Law Firm is here to guide you every step of the way with professionalism, clarity, and full compliance with local regulations.

The Etqan Al Mutamayza Law Firm is ready to provide the essential support you need. You can reach their team at the following mobile numbers: +966550600204, +966551020060.

Additionally, feel free to visit our branches located at:

• Jeddah: Al-Aziziyah District, Mohammed bin Abdulaziz Street (Tahlia)
• Riyadh: King Abdulaziz Street, across from the Kingdom Tower
• Dammam: Al-Ashri’a Street, Al-Badeea, Dammam 32415.

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