UAE: How to Navigate Sick Leave: Rights, rules, and key requirements
Dubai: For employees working in the UAE, grasping the sick leave regulations is essential to ensure proper entitlements and to avoid complications with employers.
The UAE’s Labour Law, specifically Federal Decree by Law No. (33) of 2021, details the entitlements for both paid and unpaid sick leave, as well as guidelines for notifying employers and termination procedures.
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Eligibility for Sick Leave
Employees are entitled to up to 90 days of sick leave annually after completing their probation period. Sick leave can be taken continuously or intermittently, with the payment structure as follows:
- Full pay for the first 15 days
- Half pay for the next 30 days
- Unpaid leave for the remaining 45 days
During the probation period, sick leave can be requested but requires employer approval and a medical report, resulting in unpaid leave.
Situations Excluding Paid Sick Leave
Employees are not eligible for paid sick leave in the following cases:
- While still in their probation period
- If the illness results from the employee’s misconduct, such as substance abuse
- If workplace safety regulations have been violated
Notification Requirements
According to Article 31 of the UAE Labour Law, employees must notify their employer of their illness within three days. A medical report from an authorized entity is also necessary to confirm the employee’s condition.
Employers cannot terminate an employee while they are on sick leave. However, if the employee exhausts their 90 days of sick leave and remains unable to work, the employer may terminate the contract, while the employee retains end-of-service benefits.
Doctor’s Note Requirements
Employees should check with their HR department regarding sick leave policies, including whether a doctor’s note is mandatory. Under Article 31, a medical report from the local health authority is required to justify sick leave.
For sick leaves longer than five days, attestation of the medical certificate is necessary. Employees can apply for this through the Ministry of Health and Prevention (MOHAP) depending on where the certificate was issued.
For periods of five days or less, attestation can be processed electronically without a medical committee’s approval.
Understanding these regulations helps employees effectively manage their sick leave and ensures compliance with UAE labour laws.
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