Navigating the complexities of employment laws can be challenging, particularly when it comes to essential provisions like UAE sick leave law. In the United Arab Emirates, understanding your rights and obligations regarding sick leave is not just good practice; it’s crucial for your well-being and job security. Too often, employees find themselves in a state of confusion or uncertainty about how many days they’re entitled to, what documentation is required, or how their pay might be affected when they fall ill.
This comprehensive guide is designed to be your definitive resource, offering crystal-clear answers and a step-by-step understanding of sick leave in the UAE. We’ll delve into the foundational Federal Decree-Law No. 33 of 2021, breaking down eligibility criteria, the phased pay structure, the mandatory medical certificate process, and robust protections against unfair termination. By the end of this article, you’ll be empowered with the knowledge to confidently manage your sick leave, ensuring your rights are protected and your responsibilities are met.
At the heart of employee welfare and employer obligations in the UAE’s private sector lies Federal Decree-Law No. 33 of 2021 concerning the Regulation of Labour Relations, commonly known as the UAE Labour Law. This landmark legislation serves as the overarching framework for all aspects of employment, including the crucial provisions for sick leave. It replaced the previous law, bringing modern updates and comprehensive safeguards to the workplace.
The purpose of this law is not only to regulate the relationship between employers and employees but also to ensure a fair and healthy working environment. For sick leave, specifically, Federal Decree-Law No. 33 of 2021 (the “Labour Law”) provides clear guidelines on entitlements, payment, and procedures, thereby safeguarding employees’ health and financial stability during periods of illness [1]. Understanding its provisions is fundamental for both employees seeking to exercise their rights and employers aiming for compliance and a supportive workforce.
Who is Eligible for Sick Leave in the UAE? (And What About Probation?)
A primary concern for many employees revolves around sick leave eligibility, especially when newly employed. The UAE Labour Law sets clear criteria for who qualifies for sick leave entitlements, with specific considerations during the probation period.
General Eligibility Criteria Post-Probation
Once an employee has successfully completed their probation period, they become fully eligible for sick leave entitlements as stipulated by the Labour Law [1]. This means that after serving a probationary period of up to six months (the maximum allowed), employees can avail themselves of the full sick leave benefits outlined in the law, provided they meet the notification and documentation requirements.
Special Rules for Sick Leave During Probation: What You Need to Know
Sick leave during the probation period operates under different rules to general eligibility. While an employee on probation can take sick leave if genuinely unwell and supported by a medical report, this period of absence is generally unpaid. The Labour Law acknowledges that an employee might fall ill during probation, but it grants the employer the discretion to approve such leave without pay, provided a valid medical report from an authorized provider is submitted [1].
It’s crucial for employees during probation to:
- Inform their employer promptly about their illness.
- Provide a medical report from an an approved healthcare facility.
- Understand that this leave is unpaid and subject to employer approval, typically without affecting the probation period’s duration unless the employer explicitly states otherwise.
Your Sick Leave Entitlements: Duration & Pay Structure Explained
One of the most frequently asked questions pertains to the duration of sick leave and, critically, how it affects an employee’s salary. The UAE Labour Law provides a structured approach to sick leave entitlements, detailing a total annual allowance and a phased payment system.
The 90-Day Annual Entitlement: Continuous or Intermittent
Under Federal Decree-Law No. 33 of 2021, an employee is entitled to a maximum of 90 days of sick leave per year [1]. This annual allowance can be utilized either continuously for a prolonged illness or intermittently for multiple shorter periods of sickness throughout the year. The 90-day period begins from the first day an employee takes sick leave.
Decoding the Pay Structure: Full Pay, Half Pay, and Unpaid Leave
The 90-day sick leave entitlement is broken down into a specific pay structure to ensure employees receive support during illness. This structure is as follows [1]:
| Duration of Sick Leave (within the 90-day annual limit) | Payment Entitlement |
|---|---|
| First 15 days | Full Pay |
| Subsequent 30 days | Half Pay (50% of salary) |
| Remaining 45 days (after 45 days of sick leave) | Unpaid Leave |
For example, if an employee takes 10 days of sick leave in January, they receive full pay. If they then take another 10 days in March, the first 5 days will be at full pay (completing the 15-day full pay entitlement), and the remaining 5 days will be at half pay. Any further sick leave will continue through the half-pay phase until 30 half-pay days are exhausted, after which it becomes unpaid. This structured approach helps manage both employee welfare and employer costs effectively.
When Paid Sick Leave is NOT Granted (Key Exclusions)
While the Labour Law is designed to support employees, there are specific circumstances under which paid sick leave may not be granted:
- During Probation: As discussed, sick leave taken during the probation period is generally unpaid, even with a medical report, and is subject to employer approval [1].
- Illness due to Misconduct: If the illness or injury is a direct result of the employee’s misconduct, such as intoxication or abuse of drugs, they may not be entitled to paid sick leave [1].
- Breach of Safety Rules: If the illness or injury is caused by the employee’s deliberate breach of safety instructions published by the employer and acknowledged by the employee, paid sick leave may be denied [1].
- Concealment of Illness: If an employee conceals their illness at the time of employment and it’s later proven that they intentionally hid a pre-existing condition, paid sick leave related to that condition may be denied.
The Essentials of Medical Certificates & Attestation in the UAE
A critical component of availing sick leave in the UAE is the submission of valid medical documentation. This ensures the legitimacy of the absence and protects both the employee’s rights and the employer’s operational interests.
Why a Medical Report is Mandatory (and What Constitutes an ‘Authorised Provider’)
The UAE Labour Law mandates that an employee must provide a medical report to justify their absence due to illness [1]. This report must be issued by an “authorised medical provider.” In the UAE, an authorised medical provider refers to any licensed hospital, clinic, or medical center operating under the supervision and approval of the Ministry of Health and Prevention (MOHAP) [2] or local health authorities such as the Dubai Health Authority (DHA) [3] or Abu Dhabi Health Authority (ADHA) [4]. Reports from unapproved practitioners or facilities may not be accepted.
Step-by-Step Guide to Medical Certificate Attestation
The process for attesting medical certificates can vary slightly based on the duration of leave and the emirate. However, the general principle involves ensuring the authenticity of the medical report.
- For Short Leaves (Up to 5 Days): For absences of five days or less, a medical report from an authorised provider is usually sufficient. In many cases, these reports are now electronically generated and linked to health authority systems, making attestation seamless.
- For Longer Leaves (Exceeding 5 Days and up to 1 Month): If sick leave exceeds five consecutive days, the medical report often requires attestation by the relevant local health authority (DHA in Dubai, ADHA in Abu Dhabi, or directly MOHAP for Sharjah and Northern Emirates). This usually involves a fee for the attestation service. After local health authority approval, some employers may require submission to MOHAP.
- Electronic Attestation: There’s an emerging trend towards increased reliance on electronic attestation systems. Many healthcare providers are integrated with health authority platforms, allowing for digital verification of medical certificates, which streamlines the process and enhances trustworthiness.
Attestation for Longer Sick Leaves (Exceeding Five Days / One Month)
For extended periods of illness, the requirements become more rigorous:
- Exceeding Five Days: As mentioned, these often require attestation by the local health authority (DHA, ADHA) before possibly being submitted to MOHAP. This process confirms the authenticity and necessity of the extended leave.
- Exceeding One Month (or requiring more than 15 days of paid leave): If an employee’s sick leave extends beyond one month, or if there is a dispute regarding the medical condition’s severity or duration, the employer or employee can request that the case be referred to a specialized medical sub-committee appointed by MOHAP [1]. This committee will review the medical reports and make a final determination regarding the employee’s condition and the necessity of continued leave. Their decision is legally binding.
Practical Tips for Efficient Medical Certificate Navigation
To ensure a smooth sick leave process, employees should consider these practical tips:
- Choose Authorised Providers: Always seek medical attention from licensed clinics or hospitals that are recognized by MOHAP, DHA, or ADHA.
- Request a Detailed Report: Ensure your medical report clearly states the nature of your illness, the recommended duration of rest, and the date of issuance.
- Keep Copies: Always retain copies of your medical certificates and attestation receipts for your records.
- Understand Regional Nuances: Be aware that specific attestation portals or procedures might differ slightly between Dubai, Abu Dhabi, and the Northern Emirates.
- Communicate with HR: If unsure, consult your company’s HR department for specific internal procedures regarding medical certificate submission and attestation.
Notifying Your Employer: Timelines and Best Practices
Timely notification is a crucial aspect of complying with UAE sick leave law. Failure to inform your employer appropriately can lead to complications, including the potential denial of sick leave benefits.
The 3-Day Notification Rule (as per Article 31)
Article 31 of the Federal Decree-Law No. 33 of 2021 explicitly states that “The Worker shall notify the Employer of his illness within a maximum period of (3) three days” [1]. This means an employee is legally obligated to inform their employer of their illness and inability to attend work within three working days from the start of their absence. This rule applies whether the illness is for a single day or a longer period.
Best Practices for Timely and Proper Communication
Adhering to the three-day rule is paramount. Here are best practices for notifying your employer:
- Prompt Communication: Inform your direct manager and HR department as soon as possible, ideally on the first day of illness, or immediately if the illness occurs outside working hours.
- Written Notification: Always provide notification in writing, even if you make an initial phone call. An email or a message through an official company communication channel (e.g., internal messaging system) creates a clear record.
- State Nature of Absence: Clearly state that you are taking sick leave and, if possible, provide an estimated return date.
- Confirm Medical Report Submission: Mention that a medical report will be submitted, or if you already have one, attach it to your notification.
- Follow Company Policy: While the Labour Law sets the minimum standard, your employer might have specific internal procedures for reporting sick leave. Familiarize yourself with and adhere to these policies.
- Request Acknowledgment: If possible, ensure your notification is acknowledged by your employer or HR, providing proof of communication.
Job Security & Termination Protection During Sick Leave
A significant concern for employees facing illness is the impact on their job security. The UAE Labour Law provides important protections against unfair termination while on sick leave.
Protection Against Unfair Termination While Ill
Under Federal Decree-Law No. 33 of 2021, an employer is generally prohibited from terminating an employee’s service or giving notice of termination while the employee is on sick leave, provided that the sick leave does not exceed the total 90-day entitlement within a year [1]. This provision safeguards employees from being dismissed solely due to their illness and ensures they can focus on recovery without the added stress of job loss.
This protection underscores the UAE’s commitment to employee welfare and prevents employers from unfairly penalizing workers for health-related absences within the legally defined limits.
Exceptions: Exhausting Your 90-Day Entitlement & End-of-Service Benefits
While robust protections are in place, there are limits. If an employee exhausts their full 90-day annual sick leave entitlement and is still unable to return to work due to illness, the employer may then legally terminate their employment [1].
However, even in such circumstances, the employee’s rights are still protected:
- End-of-Service Benefits: If an employee’s contract is terminated after exhausting their 90-day sick leave due to continued inability to work, they are still entitled to their full end-of-service benefits (gratuity) as per the Labour Law [1]. This ensures that despite the termination, the employee receives their legal dues accrued during their period of service.
- No Notice Period: In this specific scenario, the employer is not required to provide a notice period before termination, as the reason for termination is the exhaustion of statutory sick leave and continued inability to perform duties.
It’s crucial for both employees and employers to understand these nuances to ensure fair treatment and compliance with the law.
Navigating Sick Leave in the UAE: Your Essential Checklist
To simplify the sick leave process, here’s an essential checklist for employees to ensure all requirements are met:
- Notify Your Employer Promptly: Inform your direct manager and HR within three days of falling ill, ideally on the first day. Use written communication (email, official messaging).
- Obtain a Medical Report: Visit an authorized medical provider (licensed hospital, clinic) to get an official medical certificate. Ensure it states the diagnosis and recommended duration of rest.
- Understand Attestation Requirements:
- For leaves up to 5 days, ensure the report is from an authorized provider.
- For leaves exceeding 5 days, be prepared for potential attestation by DHA/ADHA (for Dubai/Abu Dhabi) or MOHAP (for Northern Emirates).
- For leaves over one month, be aware that a medical sub-committee review might be required.
- Keep Records: Always retain copies of your medical reports, attestation receipts, and all communication with your employer regarding your sick leave.
- Know Your Entitlements: Be aware of the 90-day annual limit and the phased pay structure (15 days full pay, 30 days half pay, 45 days unpaid).
- Probation Period Awareness: Remember that sick leave during probation is generally unpaid and subject to employer approval.
- Understand Job Protection: Be confident that your job is protected during your sick leave, provided you don’t exceed the 90-day annual entitlement.
- Familiarize with Company Policy: While the Labour Law sets the minimum, your company may have specific internal procedures that complement the law.
Frequently Asked Questions (FAQs) About UAE Sick Leave
Even with a detailed guide, specific scenarios often raise further questions. Here, we address common queries and clarify potential misconceptions about sick leave in the UAE.
Can I take sick leave if I’m on annual leave?
Yes, if you fall ill during your pre-approved annual leave and obtain a valid medical certificate from an authorized medical provider, those days can be converted to sick leave. This means your annual leave balance would be adjusted to reflect the days spent on sick leave. However, you must still adhere to the notification requirements (informing your employer within three days) and provide the necessary medical documentation.
What if my employer requests a second medical opinion?
The Labour Law permits employers to request that an employee undergo a medical examination by a doctor chosen by the employer, or to obtain a second medical opinion, especially in cases of extended or recurrent sick leave [1]. If there is a disagreement between the employee’s doctor and the employer’s chosen doctor, the matter may be referred to the medical committee appointed by MOHAP for a final decision [1]. Employees are generally expected to cooperate with such reasonable requests.
Are public sector sick leave rules different from private sector?
Yes, generally, sick leave rules for the public sector (federal and local government entities) operate under different regulations and decrees compared to the private sector, which is governed by Federal Decree-Law No. 33 of 2021. Public sector employees often have different entitlements regarding duration, pay, and specific procedural requirements. This article focuses specifically on the private sector. Public sector employees should consult their specific government entity’s HR policies or relevant government decrees.
What if my employer denies my sick leave request unfairly?
If an employee believes their sick leave request has been unfairly denied, or if their employer is not adhering to the provisions of Federal Decree-Law No. 33 of 2021, they have recourse. The Ministry of Human Resources and Emiritisation (MOHRE) is the federal authority responsible for enforcing labour laws in the private sector. Employees can file a formal complaint with MOHRE, either through their official website, app, or helpline. MOHRE will then investigate the complaint and work towards a resolution [5]. It’s advisable to gather all relevant documentation (medical certificates, communication records) before filing a complaint.
Staying Updated: Recent Changes and Important Reminders
The legislative landscape in the UAE is dynamic, with laws regularly updated to align with evolving economic and social needs. While Federal Decree-Law No. 33 of 2021 provides a robust framework for sick leave, it’s essential to remember that amendments or new regulations can be introduced.
One notable ongoing trend is the increasing digitalization of administrative processes. The reliance on electronic attestation for medical certificates is growing, making processes more efficient and transparent. Future updates may introduce further digital platforms or streamlined procedures for managing sick leave documentation and approvals.
It is always advisable for both employees and employers to consult official sources, such as the Ministry of Human Resources and Emiritisation (MOHRE) or the UAE Government’s official portal, for the most current information and any legislative updates [5]. This proactive approach ensures continuous compliance and protects everyone’s rights.
This article provides general information and does not constitute legal advice. For specific situations, employees and employers should consult with legal professionals or the Ministry of Human Resources and Emiritisation (MOHRE). Medical information herein is for general guidance only and should not replace professional medical advice.
References
- United Arab Emirates. (2021). Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations. Official Gazette. Retrieved from Official UAE Government/MOHRE Portal for Legislation
- UAE Ministry of Health and Prevention (MOHAP). (N.D.). Official Guidelines and Services. Retrieved from Official MOHAP Website
- Dubai Health Authority (DHA). (N.D.). Medical Services and Regulations. Retrieved from Official DHA Website
- Abu Dhabi Health Authority (ADHA). (N.D.). Health Regulations and Services. Retrieved from Official ADHA Website
- UAE Ministry of Human Resources and Emiritisation (MOHRE). (N.D.). Employee Services and Complaint Procedures. Retrieved from Official MOHRE Website