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UAE Sick Leave Rules Explained: What Every Employer and Employee Must Know
UAE Sick Leave Rules Explained: What Every Employer and Employee Must Know
UAE sick leave rules are frequently misunderstood — by
employees who claim more than they are entitled to and by employers who either
over-restrict or fail to document correctly. Both errors lead to MOHRE
complaints and disputes.
This guide explains exactly what UAE sick leave entitles under
Federal Decree-Law No. 33 of 2021, how pay works, what documentation is
required, and what employers must and must not do.
UAE Sick Leave Entitlement: The Three-Tier System
Under Article 31 of Federal Decree-Law No. 33 of 2021,
employees who have completed their probation period are entitled to:
•
First 15 days of sick leave per
year: Full pay
•
Next 30 days of sick leave per
year: Half pay
•
Remaining 45 days of sick leave
per year: Unpaid
Total entitlement: 90 days per year across three pay tiers.
|
Important:
Sick leave entitlement is per year of service, not a rolling 12-month period.
It resets at the start of each new employment year (based on the joining
anniversary date in most interpretations). |
Sick Leave During Probation
Employees on probation are not entitled to sick leave pay
under UAE Labour Law. However, an employer cannot dismiss an employee simply
for being sick during probation — dismissal must comply with the probation
termination provisions (minimum 14 days notice from the employer).
Many employers choose to grant sick days during probation as a
goodwill gesture, but this is not legally required.
What Medical Documentation Is Required?
To be paid for sick leave, an employee must provide a medical
certificate from:
•
A government health authority (DHA
in Dubai, DoH in Abu Dhabi, etc.)
•
A licensed private hospital or
clinic
The certificate must state the diagnosis or medical code, the
dates the employee is unfit to work, and be signed by a licensed physician.
Employees who claim sick leave without a valid medical
certificate have no legal entitlement to pay for that absence. However, unpaid
absence must be handled carefully under the disciplinary procedure — it cannot
automatically be treated as resignation.
Can an Employer Dismiss an Employee on Sick Leave?
This is one of the most important rules in UAE Labour Law.
Article 31(2) of the 2021 Labour Law states that an employer cannot dismiss an
employee during their period of sick leave if total sick days do not exceed 90
days per year.
However, an employer CAN terminate employment after the
employee has exhausted all 90 sick days in a year and remains unable to return.
In this case, the employee is still entitled to full EOSB, notice period pay,
and outstanding leave salary.
Attempting to dismiss an employee during legitimate sick leave
before the 90-day limit is an arbitrary dismissal and will result in a MOHRE
ruling and compensation payment.
|
Facing a complex sick leave situation in your UAE
business? The Evolved HR advises UAE employers on sick leave management,
documentation requirements, and navigating sensitive employee health
situations in compliance with UAE Labour Law. |
Sick Leave and Annual Leave: Can They Run Concurrently?
If an employee falls sick during annual leave, they can
convert the sick period to sick leave — meaning those days do not count against
their annual leave balance. The employee must notify the employer and provide a
medical certificate covering the sick period.
Your leave policy should define the notification process:
employee notifies HR within 24 hours of falling ill during leave, submits
documentation upon returning.
Chronic Illness and Long-Term Sick Leave
•
The 90 days can be used
non-consecutively across the year
•
If an employee exceeds 90 days in
a year, the employer can formally notify them that sick leave entitlement is
exhausted
•
Further absence beyond 90 days can
be treated as leave of absence by agreement, or could form a basis for contract
non-renewal at the next fixed-term renewal date
Handling chronic illness cases requires sensitivity and
careful documentation. Seek HR guidance before taking any formal action.
Sick Leave Abuse: What Employers Can Do
•
Require medical certification for
every sick leave instance, regardless of duration
•
Establish a pattern-of-absence
review process as part of your HR policy
•
Hold a return-to-work interview
after any sick absence
•
Issue a formal counselling note
(not a disciplinary warning) if patterns suggest abuse
•
If sick leave abuse is confirmed
and documented, it can become grounds for disciplinary action under the Labour
Law misconduct provisions
Practical Sick Leave Process for UAE Employers
•
Employee notifies line manager and
HR before or at the start of the working day
•
Employee submits medical
certificate within 48 hours
•
HR records the absence, pay tier,
and documentation received
•
On return, conduct a brief
return-to-work meeting
•
Track cumulative sick leave per
employee per year against the 90-day limit
•
Notify employee formally when
approaching or reaching 90 days
Sick Leave Quick Reference
•
Days 1-15: Full pay
•
Days 16-45: Half pay
•
Days 46-90: No pay
•
Medical certificate required from
a licensed UAE facility
•
Cannot dismiss during sick leave
within the 90-day entitlement
•
Probation employees: no sick pay
entitlement (but not dismissable solely for sickness)
|
Build a watertight sick leave policy for your UAE
company. The Evolved HR creates UAE Labour Law compliant HR policies,
trains your managers on correct leave management, and handles employee
relations issues before they escalate. |
|
UAE Labour
Law is updated regularly. Consult The Evolved HR at evolvedhr.org for advice
specific to your situation. |
Need personalised HR guidance?
Book a consultation with Nia Chase — expert UAE HR advice for your situation.
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