Introduction to UAE Sick Leave Entitlements

Feeling under the weather and wondering about your rights in the UAE? Whether you’re an employer trying to implement compliant policies or an employee seeking to understand your entitlements, navigating sick leave in the Emirates can feel like deciphering legal hieroglyphics.

The UAE labor landscape has transformed dramatically in recent years, especially with the introduction of Federal Decree-Law No. 33 of 2021 and its implementation in February 2022. These changes have reshaped how sick leave works for the UAE’s diverse workforce of over 6.3 million employees across the private sector.

Consider this: according to the UAE Ministry of Human Resources and Emiratisation (MOHRE), sick leave disputes account for approximately 17% of all employment-related complaints. Why such a high number? Often, it’s simply due to misunderstanding the nuanced regulations that govern workplace illness policies.

As Ahmed Al Marzooqi, Senior Labor Law Consultant at Emirates Legal, explains: “The 2022 labor law reforms significantly enhanced sick leave provisions, but they’ve also created a transitional period where many employers and employees are still adjusting to the new entitlements and obligations.”

This guide cuts through the complexity to deliver practical, actionable insights into UAE sick leave provisions—no legal jargon, just straight-talking guidance you can apply immediately.

Legal Framework and Recent Updates

The UAE’s approach to employee sick leave is governed primarily by Federal Decree-Law No. 33 of 2021 (the “New Labor Law”) and its implementing regulations. This legislation replaced the previous Federal Law No. 8 of 1980, introducing several worker-friendly amendments that align the UAE more closely with international labor standards.

Key Legislative Changes

The 2022 reforms weren’t minor tweaks—they represented a fundamental shift in the UAE’s labor philosophy. The changes primarily focused on:

• Extended probation considerations – Clarifying sick leave entitlements during probationary periods
• Simplified calculation methods – Moving from a tiered payment system to a more straightforward approach
• Enhanced protection – Strengthening safeguards against termination during legitimate sick leave
• Increased flexibility – Accommodating modern work arrangements including remote working during recovery periods

Let’s be frank—the UAE labor market has historically prioritized employer interests, but these reforms demonstrate a genuine rebalancing to protect employee wellbeing while maintaining business efficiency.

Implementation Timeline and Enforcement

While the new regulations came into effect on February 2, 2022, enforcement has followed a graduated approach. MOHRE has been conducting awareness campaigns and providing transition periods rather than immediately imposing penalties for non-compliance.

However, as Sara Khoja, Partner at Clyde & Co Middle East, observes: “The grace period for implementation is effectively over. We’re now seeing more active enforcement through workplace inspections and complaint investigations, with particular focus on sick leave compliance in high-risk and labor-intensive sectors.”

This shift from education to enforcement means both employers and employees need to understand their rights and responsibilities with precision.

Understanding Sick Leave Calculation

The sick leave entitlement structure in the UAE follows a clear formula, though applying it correctly requires attention to detail.

Basic Entitlement Formula

Under the current law, employees who have completed their probation period are entitled to:

• 90 calendar days of sick leave per year
• This can be continuous or intermittent depending on medical necessity
• The 90-day period renews with each year of employment

What many don’t realize is that these 90 days follow a progressive payment structure:

• First 15 days: Full salary
• Next 30 days: Half salary
• Final 45 days: No salary

The calculation becomes more nuanced when considering part-time employees, who receive pro-rated entitlements based on their contracted hours.

Practical Application Examples

Consider Aisha, a marketing executive earning AED 15,000 monthly who falls ill for 25 consecutive days:

1. First 15 days: AED 7,500 (full salary for half month)
2. Next 10 days: AED 2,500 (half salary for one-third month)
3. Total sick pay: AED 10,000

Now contrast with Rajesh, a construction worker earning AED 6,000 monthly who experiences multiple illnesses throughout the year:

• January: 7 days sick (full pay = AED 1,400)
• April: 10 days sick (8 days at full pay = AED 1,600, 2 days at half pay = AED 200)
• September: 45 days sick (0 days at full pay, 28 days at half pay = AED 2,800, 17 days unpaid)
• Total sick days: 62 out of 90 entitlement
• Total sick pay: AED 6,000

These examples demonstrate how critical it is to maintain accurate sick leave records throughout the employment year.

Required Documentation and Procedures

The procedural aspects of sick leave often cause the most friction between employers and employees. Clear documentation isn’t just bureaucracy—it protects both parties’ interests.

Medical Certification Requirements

UAE labor law establishes specific documentation standards:

• For absences exceeding two days: Medical certificate from a licensed healthcare provider is mandatory
• For absences exceeding two weeks: Certification from a government health authority or a medical provider approved by the employer
• For psychiatric or neurological conditions: Certification must come from a specialist

The documentation must clearly state:

• Nature of the illness or medical condition
• Expected recovery period
• Whether the condition prevents working entirely or allows for modified duties

A crucial detail often overlooked: certificates should be submitted within 3 working days from the beginning of the illness, not after returning to work.

Employer Verification Rights

Employers maintain the right to verify sick leave claims through:

• Requesting the employee visit a specific doctor for a second opinion
• Conducting reasonable check-ins during extended sick leave
• Requiring fitness-for-duty certification before returning to work after extended leaves

However, these verification measures must respect employee dignity and medical confidentiality principles. As employment attorney Faisal Al Raisi notes: “Verification is permitted, but harassment or invasion of privacy during illness is not. The line between responsible oversight and intrusion is one employers must navigate carefully.”

Employer Rights and Responsibilities

Employers have legitimate business interests to protect while managing sick leave, but they must operate within clear legal boundaries.

Policy Development Guidelines

Creating a compliant sick leave policy requires attention to several critical elements:

1. Clear notification procedures – Specify how and when employees should report illness (e.g., direct supervisor contact within one hour of shift start)
2. Documentation timelines – Detail when medical certificates are required and how they should be submitted
3. Return-to-work protocols – Establish procedures for employees resuming duties after illness
4. Absence management systems – Implement tracking mechanisms that maintain accurate sick leave records

Consider AlphaTech, a Dubai-based software company that implemented a comprehensive sick leave policy in 2022. Their approach included:

• Digital reporting system integrated with their HR platform
• Graduated return-to-work options for employees recovering from serious illness
• Remote work accommodations for employees capable of working but unable to attend the office

The result? Sick leave abuse decreased by 23%, while employee satisfaction with health-related policies increased by 31%.

Legitimate Refusal Circumstances

While employers must generally honor sick leave requests, legitimate grounds for refusal exist:

• When documentation requirements haven’t been satisfied
• Where there’s clear evidence of sick leave misuse (e.g., social media showing vacation activities during claimed illness)
• When an employee refuses to attend a medical examination requested by the employer

However, refusing sick leave carries significant legal risk. Before denying any claim, employers should seek qualified legal advice and document their rationale thoroughly.

Employee Rights and Protections

Employees experiencing illness deserve dignity and protection—principles the UAE labor law increasingly recognizes.

Protection Against Termination

One of the most significant protections in the New Labor Law is the prohibition against terminating employees for legitimate sick leave usage. Specifically:

• An employer cannot terminate an employee for taking sick leave within their 90-day annual entitlement
• Termination during sick leave is presumed to be because of the sick leave unless the employer proves otherwise
• This protection applies even during probation periods, though sick leave entitlements are more limited during probation

If unlawful termination occurs, employees can file a complaint with MOHRE and may be entitled to compensation ranging from 1-3 months’ salary depending on employment duration and circumstances.

Addressing Workplace Illness Policy Violations

If you believe your sick leave rights have been violated, follow this escalating approach:

1. Direct communication – Address concerns with your direct supervisor or HR department first
2. Written documentation – Submit a formal written complaint to your employer referencing specific policy or legal violations
3. MOHRE complaint – File an official complaint through the Ministry’s Tawafuq service or the MOHRE app
4. Legal consultation – Seek advice from a labor attorney if the situation remains unresolved

Mohammed Al-Dhaheri, a construction worker in Abu Dhabi, successfully challenged his termination after taking 18 days of sick leave following a non-work-related injury. “I thought I had no options when they dismissed me,” he explains. “But after filing a MOHRE complaint, I received two months’ salary as compensation and a reference letter for future employment.”

Common Scenarios and Solutions

Let’s tackle some frequently encountered sick leave situations with practical guidance.

Illness During Probation Period

New employees often face uncertainty regarding sick leave during probation. Here’s the reality:

• No sick leave entitlement during the first month of employment
• After completing one month but still in probation: entitled to sick leave but unpaid
• Medical documentation requirements remain the same regardless of probation status

Practical approach: If you fall ill during probation, communicate transparently with your employer. While they aren’t required to provide paid sick leave, many organizations offer flexibility to promising new hires they wish to retain.

Extended Illness Beyond 90 Days

When health conditions extend beyond the statutory 90-day limit:

• Employers can legally terminate employment after the 90-day entitlement is exhausted
• However, termination requires following proper notice procedures and paying all end-of-service benefits
• Employees with chronic conditions may qualify for protection under UAE disability provisions

Strategic solution: Before reaching the 90-day threshold, discuss accommodations with your employer. Options might include unpaid leave extensions, remote work arrangements, or adjusted responsibilities that accommodate medical limitations.

Sick Leave During Annual Leave

What happens when you fall ill while on vacation? UAE law provides:

• The right to convert annual leave days to sick leave when illness occurs during scheduled time off
• This conversion requires proper medical documentation
• The unused annual leave days can be rescheduled or banked according to company policy

Implementation tip: Notify your employer as soon as illness occurs during vacation, even if abroad. Obtain proper medical documentation that meets UAE standards (which may require translation if from another country).

UAE Sick Leave vs. Other Gulf Countries

How does the UAE’s approach to sick leave compare with its regional neighbors? This comparative analysis reveals important distinctions.

This comparison reveals that while Saudi Arabia offers the most generous sick leave period overall, the UAE provides competitive benefits that balance employee welfare with business sustainability.

Special Cases: Long-term Illness and Workplace Injuries

Some health situations fall outside standard sick leave provisions and require specialized approaches.

Work-Related Injuries and Illnesses

When health issues arise from workplace conditions, different rules apply:

• Work-related injuries or illnesses do not count against the standard 90-day sick leave entitlement
• Full salary continues until recovery or disability is established
• Employer must cover all medical treatment costs
• Additional compensation may be required for permanent disabilities

Consider Sanjay, a warehouse supervisor who suffered a back injury while lifting inventory. His recovery took 120 days, but because it was work-related, he received:

• Full salary throughout the entire recovery period
• Complete coverage of medical expenses including physiotherapy
• Gradual return-to-work accommodations
• Preservation of his standard sick leave entitlement for other illnesses

The key distinction here is causation—establishing the work-related nature of the condition is essential for accessing these enhanced benefits.

Chronic Conditions and Disability Provisions

For employees with ongoing health challenges:

• UAE labor law recognizes chronic conditions that may require accommodation
• Employees with documented disabilities may request reasonable workplace adjustments
• Flexible or reduced working hours may be negotiated
• Remote work arrangements can serve as reasonable accommodation

Fatima, an accountant diagnosed with multiple sclerosis, successfully negotiated a modified work arrangement that included:

• Three days of office work and two days of remote work weekly
• Flexible start times to accommodate treatment schedules
• Ergonomic workplace modifications
• Additional short rest breaks throughout the day

According to disability rights advocate Noura Al Amir: “The UAE’s commitment to being a disability-inclusive society is increasingly reflected in workplace accommodations. Progressive employers understand that retention of talented employees with health challenges often requires minimal adjustments with maximum benefits.”

Implementation Best Practices

Creating effective sick leave systems requires practical approaches from both employers and employees.

For Employers: Building Compliant Systems

Forward-thinking organizations implement these strategies to manage sick leave effectively:

1. Develop clear written policies – Document sick leave procedures in employee handbooks with examples and scenarios
2. Implement consistent tracking – Use digital HR systems to monitor sick leave usage accurately
3. Train managers properly – Ensure supervisors understand how to handle sick leave requests legally and compassionately
4. Review policies regularly – Update sick leave provisions to reflect legislative changes and best practices
5. Consider wellness initiatives – Implement preventive health programs to reduce illness frequency

Emirates Bank Group developed a comprehensive approach that reduced sick leave usage by 18% while improving employee satisfaction:

• Clear online reporting system with automated notifications
• Wellness program with preventive health screenings
• Return-to-work interviews focused on support rather than scrutiny
• Manager training on appropriate sick leave management

For Employees: Navigating Sick Leave Appropriately

Employees can protect their interests while maintaining professional relationships by:

1. Understanding your entitlements – Review your employment contract and company policy
2. Communicating promptly – Notify your employer as soon as you know you’ll be absent
3. Documenting everything – Keep copies of all medical certificates and communications
4. Maintaining reasonable contact – Stay in touch during extended illnesses as appropriate
5. Planning for return – Discuss any needed accommodations before resuming work

Employee advocate Layla Kareem suggests: “Approach sick leave as a right but also a responsibility. Using it legitimately and following proper procedures protects both your health and your professional standing.”

Navigating Tomorrow’s Workplace Health Landscape

As we look ahead, several emerging trends will likely shape the evolution of sick leave policies in the UAE:

Evolving Legislation and Expectations

The UAE continues to modernize its labor framework, with several developments on the horizon:

• Mental health recognition – Increasing acknowledgment of psychological conditions as legitimate grounds for sick leave
• Pandemic preparedness – Clearer provisions for public health emergencies
• Remote work integration – Guidelines for managing illness in hybrid work environments
• Digital documentation – Movement toward standardized electronic medical certification

Legal expert Hassan Al-Zarooni predicts: “Within the next three years, we expect to see further refinements to sick leave provisions, particularly around mental health conditions and flexible work arrangements during recovery periods.”

Your Strategic Action Plan

To position yourself advantageously in this evolving landscape:

1. Audit your current approach – Review existing policies or understanding against current requirements
2. Document systemically – Establish clear records of all health-related absences and communications
3. Stay informed – Subscribe to MOHRE updates and relevant legal newsletters
4. Consider flexible alternatives – Explore remote work options during partial recovery periods
5. Emphasize prevention – Invest in wellness initiatives that reduce illness frequency

The organizations and individuals who thrive will be those who view sick leave not as a bureaucratic necessity but as an integral component of sustainable work practices. Your approach to health-related absences doesn’t just impact immediate operations—it shapes organizational culture and individual wellbeing for years to come.

What specific step will you take this week to enhance your sick leave management approach? Whether updating a policy document, improving communication protocols, or simply reviewing your own understanding of current entitlements, small actions now can prevent significant complications later.

Frequently Asked Questions

Can an employer request a second medical opinion if they doubt an employee’s sick leave claim?

Yes, employers have the legal right to request a second medical opinion, but they must follow specific protocols. The employer can require the employee to be examined by a doctor of the employer’s choosing, but the employer must bear all costs associated with this examination. If the second opinion contradicts the first, a third opinion may be sought from a government healthcare provider, whose decision will be considered final. However, employers should exercise this right judiciously to avoid creating an atmosphere of distrust.

What happens to unused sick leave at the end of the year?

Unlike annual leave, unused sick leave does not carry over to the following year and is not compensated upon termination of employment. Each employee receives a fresh 90-day sick leave entitlement at the beginning of each employment year. This reset happens on the anniversary of employment, not at the calendar year change. The policy recognizes sick leave as a protective measure for health contingencies rather than an earned benefit. Consequently, employees cannot “save” sick leave or receive payment for unused days.

Are part-time employees entitled to sick leave in the UAE?

Yes, part-time employees are entitled to sick leave, but their benefits are calculated proportionally based on their work schedule. For example, if an employee works 50% of a standard schedule, they would receive