Sick leave law in the UAE

• Eligibility to Take Sick Leave in the UAE
• Who is Not Eligible for Sick Leave in the UAE
• Rules of UAE Labour Law
• FAQs

UAE Labour Law makes sure that every employee working in the emirate is entitled to certain statutory rights, including sick leave entitlements. The law provides employees with up to 90 days of continuous or intermittent sick leave per year, with certain stipulations. We’ve put together a detailed overview of the laws with regard to sick leave in the UAE. Read on for everything you need to know.

Who is eligible for paid or unpaid sick leave in the UAE?

Employees in the UAE, who have completed three months of service subsequent to their probation period, are considered eligible for sick leave. Please note that the length of probation periods can vary in the UAE, so it’s worth checking with your company’s HR department when you will officially be eligible for sick leave. These sick leave provisions do not apply on sick leave due to occupational illness. The duration for sick leave can be up to 90 days, including:

• Fully paid leave for the first 15 days
• Half-paid leave for the next 30 days
• Unpaid leave for the final 45 days

Who is not eligible for sick leave in the UAE?

There are certain situations where an employee is not eligible for a paid sick leave. For instance, an employee cannot apply for a paid sick leave if:

• The employee is on probation.
• The employee is having an illness caused by the consumption of drugs or alcohol.
• The employee works for another company during the leave.

How should employees proceed while taking sick leave while acting in accordance with UAE law?

UAE Labour Law’s Article 82 states that it is necessary for the employees in the country to inform their employer about their sickness within two days. Employers also have the right to ask for a medical report as evidence. They can also put the employee under medical examination to confirm the illness and check the authenticity of the leave application. The medical evidence may also play a part in calculating the payable leave duration and other evaluations.

FAQs

What happens if an employee in the UAE resigns while on sick leave?

It is acceptable for employees to resign from a job because of illness within the first 45 days of sick leave. However, it is necessary to have the consent of a registered physician for the resignation. The employer can also appoint a physician from their respective health department in these circumstances.

If an employee resigns during the first 45 days of their sick leave, will they be eligible to get their wage for the remaining days of 45 paid leave?

Yes, the employer will have to pay the due wage to an employee for all paid sick leave if an employee resigns during the first 45 days of sick leave, as long as the employee has produced a verified physician’s consent.

Do female employees in the UAE are entitled to maternity leaves?

Yes, the UAE Labour Law allow maternity leaves for UAE employees. Male employees can also apply for paternity leave in the UAE.

Can an employer terminate employees because of their sickness?

Terminating an employee during their sick leave or putting them on a notice period is not recommended. However, if an employee cannot report back to work after consuming the maximum sick leave allowed in the UAE, the employer may have to terminate their services.

This termination, however, will not impact the rightful end of service gratuity of the employee. The employer will have to pay the amount as per UAE Labour Law.

Are there any specific laws for private-sector employees in the UAE?

Yes, some laws specifically apply to private-sector employees in the UAE. Check out our guide to the UAE Labour Laws for private-sector employees for more details.

Where to go if a worker in the UAE is facing unlawful treatment from an employer?

Employees should refer to Tasheel, an online platform that deals with all employment-related issues in the UAE.

That concludes our guide on the laws for sick leave in the UAE. You will find much more about UAE Labour laws on MyBayut, so please do have a search around our blog. Some of the important areas we’ve covered include the rules for probation periods in the UAE, end of service payments and more.