Sick leave is an important employment right in the UAE, but employees and employers do not always understand how the entitlement works in practice. Under the UAE’s private-sector labour framework, eligible employees can generally take up to 90 days of sick leave in a year after completing their probationary period. However, those 90 days are not all paid at the same rate. Notification requirements, medical documentation and the circumstances surrounding the illness can also affect an employee’s entitlement. Understanding these rules helps employees protect their rights while enabling employers to manage absence consistently and in accordance with UAE labour law.
How Many Sick Leave Days Are Employees Entitled to in the UAE?
Under UAE Federal Decree-Law No. 33 of 2021 concerning the Regulation of Employment Relationships, as amended, a private-sector employee who becomes ill after completing probation may generally be entitled to sick leave of up to 90 days per year. The leave can be taken continuously or intermittently, subject to the applicable legal requirements.
The 90-day entitlement does not mean an employee receives their full salary throughout the entire period. UAE law divides sick leave into three different payment stages.
First 15 Days: Full Pay
The first 15 days of eligible sick leave are generally paid at the employee’s full wage. This provides employees with financial protection during the initial period of illness while they recover or undergo treatment.
Next 30 Days: Half Pay
Once the first 15 days have been used, the following 30 days are generally paid at half wage. This means that an employee who remains unable to work can continue taking eligible sick leave, but their remuneration is reduced during this stage.
Final 45 Days: Unpaid
The remaining 45 days of the 90-day annual entitlement are generally unpaid. The employment relationship continues during this period, but the employee does not ordinarily receive wages for these days.
Combined, these periods provide up to 90 days of sick leave. 15 days on full pay, 30 days on half pay and 45 days without pay.
Who Qualifies for Paid Sick Leave in the UAE?
The statutory sick leave entitlement generally applies after an employee has successfully completed their probationary period. Employees should therefore understand that the rules during probation differ from those applying after probation has ended.
The entitlement discussed here primarily concerns employees governed by the UAE’s federal private-sector labour legislation. Different frameworks may apply to certain categories of workers or employees operating within jurisdictions that have their own employment regulations.
What Happens If You Get Sick During Probation?
An employee is generally not entitled to paid statutory sick leave during the probationary period. However, an employer may grant unpaid sick leave during probation based on a medical report issued by the appropriate medical authority.
This distinction is important for employees joining a new organisation. Becoming ill during probation does not necessarily mean that an employee can rely on the same paid sick leave structure available after probation has been completed.
Do Weekends and Public Holidays Count as Sick Leave?
One area that can cause confusion is how non-working days falling within a period of sick leave are treated. Where weekends, weekly rest days or public holidays fall within an ongoing period of sick leave, they may generally form part of the overall leave period rather than automatically being added separately at the end.
For example, an employee who receives medical certification covering a continuous period that includes a weekend should not automatically assume that the weekend is excluded from the calculation. This can result in the 90-day entitlement being used more quickly than expected during an extended illness.
The precise calculation can depend on the circumstances and applicable rules. Therefore, employers should maintain accurate absence records and employees should confirm how their certified leave period is being recorded.
Employees Must Notify Their Employer
Sick leave is not simply a matter of remaining absent from work. Employees have responsibilities when illness prevents them from performing their duties.
Under the UAE labour framework, an employee should notify the employer about the illness within the prescribed period and provide appropriate evidence of the medical condition. Prompt communication allows the employer to record the absence correctly and make the necessary operational arrangements.
Employees should also follow any reasonable internal reporting procedures established by their employer, provided those procedures remain consistent with applicable UAE law.
Do You Need a Medical Certificate for Sick Leave?
Medical documentation plays an important role in establishing an employee’s entitlement to sick leave. Employees may be required to provide a medical report or certificate issued or recognised by the appropriate medical authority confirming the illness and period during which the employee is unable to work.
An informal message stating that an employee feels unwell may not be sufficient where formal medical evidence is required. Employees should therefore obtain appropriate documentation and submit it according to the employer’s procedures and applicable regulatory requirements.
Why Medical Documentation Matters
Medical certification protects both parties. For the employee, it provides evidence supporting a legitimate absence from work. For the employer, it provides a documented basis for recording the absence and determining the appropriate sick leave payment.
Maintaining accurate documentation can also become important where there is disagreement over the length of an absence, payment of wages or whether an employee has exhausted their statutory entitlement.
When Can Sick Leave Be Unpaid?
Not every illness automatically gives rise to paid sick leave. UAE labour legislation identifies circumstances in which an employee may not be entitled to sick leave pay.
This can include situations where the illness results from the employee’s misconduct, such as the consumption of alcohol or narcotic substances. Applicable legislation can also affect entitlement where an employee violates prescribed safety instructions in circumstances covered by the law.
Employers should nevertheless avoid making assumptions about the cause of an employee’s illness. Decisions affecting an employee’s statutory rights should be supported by the facts, appropriate documentation and the applicable legal provisions.
Can an Employer Dismiss an Employee While They Are Sick?
Extended employee absence can create significant operational challenges, but employers must continue to comply with UAE employment law when managing an employee who is on legitimate sick leave.
The legislation provides protections surrounding an employee’s statutory sick leave entitlement. Where an employee has exhausted the applicable entitlement and remains unable to return to work, different legal considerations may arise regarding continuation or termination of employment.
Employers considering termination in circumstances involving long-term illness should carefully review the employee’s remaining leave entitlement, medical documentation and applicable employment law before taking action.
What Happens When the 90 Days Are Exhausted?
An employee who uses the full statutory sick leave entitlement may reach a point where continued absence requires further consideration. The appropriate next step will depend on the employee’s circumstances, medical condition, employment arrangements and applicable law.
Employers should ensure that the full entitlement has been calculated correctly before making decisions based on exhaustion of sick leave. This includes reviewing previous periods of absence and the corresponding full-pay, half-pay and unpaid portions.
Can Employees Resign Because of Illness?
Serious illness can sometimes prevent an employee from continuing their employment. UAE labour legislation contains provisions relevant to situations where an employee resigns for health reasons before exhausting the statutory sick leave period, subject to appropriate medical evidence and the conditions established by law.
Employees considering resignation because of a medical condition should understand the potential consequences for their employment entitlements and obtain appropriate advice where necessary before taking action.
Common Sick Leave Mistakes Employees Should Avoid
Employees can unintentionally create problems with otherwise legitimate sick leave by failing to follow appropriate procedures. Common issues include notifying the employer too late, failing to obtain appropriate medical documentation, assuming weekends do not count towards an ongoing certified absence or misunderstanding how the different payment stages operate.
Employees should keep copies of medical certificates and relevant communications with their employer, particularly where an illness results in an extended absence.
Common Compliance Mistakes for UAE Employers
Employers also need consistent procedures for managing sick leave. Incorrect salary calculations, inaccurate leave balances and inconsistent treatment between employees can create disputes and potential compliance concerns.
HR and payroll teams should understand the distinction between the full-pay, half-pay and unpaid portions of statutory sick leave. Internal systems should accurately record previous absences so the organisation can determine how much entitlement remains available.
Maintain Clear Sick Leave Policies
Employment policies should explain how employees report illness, when medical documentation is required, where certificates should be submitted and how extended absences are managed. Clear policies reduce uncertainty and help managers apply procedures consistently.
Coordinate HR and Payroll Records
Sick leave directly affects remuneration, making coordination between HR and payroll particularly important. Leave balances recorded by HR should correspond with the salary calculations applied by payroll.
Review Complex Cases Before Taking Action
Long-term illness, disputed medical documentation, repeated absences and potential termination can raise more complex legal questions. Employers should assess these situations individually rather than relying solely on general internal policies.
Why Understanding UAE Sick Leave Rules Matters
Sick leave sits at the intersection of employee welfare and an employer’s operational responsibilities. Employees need sufficient protection when legitimate illness prevents them from working, while employers need clear processes for managing absence and maintaining business continuity.
Understanding the statutory framework helps both sides avoid unnecessary disputes. Employees know when they may be entitled to paid or unpaid leave, while employers can establish HR and payroll procedures aligned with UAE employment requirements.
Conclusion
Eligible UAE private-sector employees can generally receive up to 90 days of sick leave per year after completing probation, consisting of the first 15 days at full pay, the next 30 days at half pay and the final 45 days without pay. However, entitlement depends on more than simply being absent because of illness. Notification, appropriate medical documentation, probationary status and the circumstances surrounding the illness can all be relevant.
For employers, accurate record keeping and clear internal procedures are essential. For employees, understanding the rules and following the correct reporting process can help protect statutory entitlements. Where a long-term illness, disputed entitlement or potential termination creates uncertainty, professional legal advice can help both parties understand their position under UAE labour law.
For businesses seeking guidance, Al Kabban & Associates, with over 30 years of experience in UAE law and recognition by Legal 500, stands ready to help corporations build resilience against legal risks while ensuring compliance with local and international standards. For more information or to schedule a consultation, contact us at +971 4 453 9090 or visit www.alkabban.com. You can also follow us on social media for more updates on everything law related in the UAE: @Alkabban_Law
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