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UAE Labor Law

Sick Leave UAE 2026: Rights, Pay Structure & Rules

Complete guide to sick leave in UAE covering the 90-day entitlement, pay structure (15 days full, 30 days half, 45 days unpaid), medical certificate requirements, employer obligations, and what happens when sick leave rules are violated.

February 20, 202616 min read
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UAE sick leave guide for HR managers and employees

What is Sick Leave in UAE?

Quick Summary: Sick leave in UAE is governed by Article 31 of Federal Decree-Law No. 33 of 2021. Employees are entitled to 90 days of sick leave per year after completing probation: 15 days at full pay, 30 days at half pay, and 45 days unpaid. Medical certificates must be submitted within 3 days. Employers cannot terminate employees during sick leave. Sick leave is not paid during probation or if illness results from misconduct.

Sick leave is a fundamental right for employees in the UAE private sector, allowing them to take time off work to recover from illness without losing their job. The UAE labor law provides clear guidelines on sick leave entitlements, pay structure, documentation requirements, and employer obligations.

Understanding sick leave rules is essential for both employers and employees. For HR managers, proper sick leave management ensures compliance with MOHRE regulations and protects the company from legal disputes. For employees, knowing their rights helps them access their full entitlements when they need medical leave.

This guide covers everything you need to know about sick leave in UAE for 2026, including recent clarifications and best practices.

Sick Leave Entitlement: 90 Days Per Year

Under Article 31 of Federal Decree-Law No. 33 of 2021, employees in the UAE private sector are entitled to a maximum of 90 days of sick leave per year after completing their probationary period.

Key Points About the 90-Day Entitlement

Aspect Requirement
Total days 90 days per year
When it starts After probation period ends
Usage Continuous or intermittent
Carry-over Not allowed
Accumulation Resets each year of service

The 90 days can be taken all at once for a serious illness or spread throughout the year for different health issues. However, unused sick leave does not carry over to the next year and is not compensated.

Important: The sick leave year is calculated based on each year of continuous service with the employer, not the calendar year. This means if an employee joined on March 15, their sick leave entitlement resets on March 15 of each subsequent year.

Sick Leave Pay Structure: Understanding the Three Tiers

The UAE labor law establishes a tiered payment system for sick leave that balances employee protection with business considerations.

Payment Breakdown

Period Days Payment Example (AED 10,000 salary)
First tier Days 1-15 Full pay (100%) AED 10,000/month
Second tier Days 16-45 Half pay (50%) AED 5,000/month
Third tier Days 46-90 No pay (0%) AED 0

How Sick Leave Pay is Calculated

Sick leave pay is calculated based on the employee's basic salary plus any regular allowances that form part of the monthly wage. Here's how to calculate:

Example calculation for partial month sick leave:

Employee with AED 12,000 monthly salary takes 10 days of sick leave (first tier):

  • Daily rate: AED 12,000 ÷ 30 = AED 400
  • Sick leave pay: AED 400 × 10 days × 100% = AED 4,000
  • Remaining work days pay: AED 400 × 20 days = AED 8,000
  • Total monthly salary: AED 12,000 (full pay maintained)

Example calculation spanning multiple tiers:

Employee takes 25 consecutive days of sick leave:

  • First 15 days: Full pay
  • Days 16-25 (10 days): Half pay
  • Total: 15 days full + 10 days at 50%

Payment Timing

Sick leave pay follows the regular payroll cycle and must be processed through the Wage Protection System (WPS). Employers cannot delay sick leave payments beyond the standard salary payment deadline.

Medical Certificate Requirements

Valid sick leave claims require proper documentation from authorized healthcare facilities. This protects both employers from abuse and employees by creating a clear record.

Notification Timeline

Requirement Deadline
Notify employer of illness Within 3 working days
Submit medical certificate Within 3 working days
Best practice notification Within 48 hours

While the legal requirement is 3 working days, best practice is to inform your employer within 48 hours and submit documentation as soon as possible.

Who Can Issue Valid Medical Certificates

Not all healthcare providers can issue sick leave certificates recognized under UAE law. Valid certificates must come from:

Dubai:

  • Dubai Health Authority (DHA) licensed hospitals and clinics
  • Certificates verified through DHA's electronic sick leave system

Abu Dhabi:

  • Department of Health (DOH) licensed facilities
  • SEHA government health centers

Other Emirates:

  • Ministry of Health and Prevention (MOHAP) approved facilities
  • Government health centers

What the Medical Certificate Must Include

A valid sick leave certificate should contain:

  • Patient's full name and Emirates ID number
  • Date of examination
  • Diagnosis or medical condition (with patient consent)
  • Recommended leave duration
  • Physician's name, signature, and license number
  • Facility stamp and license details
  • Date of certificate issuance

Certificate Attestation Requirements

Leave Duration Attestation Requirement
1-3 days May not require certificate (employer policy)
Up to 5 days Electronic attestation possible
6-30 days Health authority attestation required
30+ days Medical committee review may be required

For extended sick leave, certificates may need attestation from the relevant health authority (DHA, DOH, or MOHAP) depending on the emirate.

When Sick Leave is NOT Paid

The UAE labor law specifies situations where employees forfeit their right to paid sick leave.

During Probation Period

Employees are not entitled to paid sick leave during probation. The probationary period can be up to 6 months under UAE law.

However, employers may grant unpaid sick leave during probation if:

  • The employee provides a valid medical certificate
  • The employer agrees to the leave request

Once probation is successfully completed, the employee gains full sick leave entitlements.

Illness from Misconduct

Under Article 31, employees lose their right to paid sick leave if the illness or injury results from:

  • Alcohol consumption: Getting sick due to alcohol intoxication
  • Drug use: Illness resulting from narcotics consumption
  • Safety violations: Injuries caused by deliberately violating workplace safety instructions

In these cases, the employer may grant unpaid leave or take disciplinary action depending on company policy and the severity of the violation.

Failure to Provide Documentation

Employees who fail to:

  • Notify their employer within the 3-day deadline
  • Submit a valid medical certificate
  • Provide certificates from authorized facilities

May have their sick leave classified as unauthorized absence, which can lead to salary deductions or disciplinary action.

Employer Obligations During Sick Leave

UAE labor law places specific responsibilities on employers regarding sick leave management.

Termination Protection

Employers cannot terminate an employee during sick leave. This is one of the most important protections under UAE law.

Situation Employer Action Allowed
During 90-day sick leave Termination prohibited
After 90 days exhausted Termination possible with full entitlements
Notice period during sick leave Cannot issue termination notice

What Employers Must Do

  1. Accept valid sick leave requests with proper documentation
  2. Process sick leave pay through WPS on time
  3. Maintain records of all sick leave taken
  4. Protect the employee's position during leave
  5. Calculate pay correctly according to the tier system

After 90 Days Are Exhausted

If an employee uses all 90 days of sick leave and cannot return to work, the employer may:

  • Terminate the employment contract
  • Pay all end-of-service benefits including gratuity
  • Settle any outstanding leave balances
  • Provide final settlement within 14 days

The employee retains full entitlement to gratuity and other benefits—sick leave termination does not reduce end-of-service payments.

Termination During Sick Leave: What the Law Says

Understanding termination rules during sick leave protects both parties from legal complications.

Employee Protections

Under UAE labor law, termination during sick leave is prohibited. This means:

  • No termination notice can be issued while the employee is on approved sick leave
  • The employee's position must be held during the sick leave period
  • Return to work must be facilitated when the employee is medically cleared

When Termination Becomes Possible

Termination on medical grounds is only permitted after the full 90-day sick leave entitlement is exhausted. At this point:

  1. The employer may terminate if the employee cannot resume duties
  2. Full end-of-service benefits must be paid
  3. Any accrued but unused annual leave must be compensated
  4. Final settlement due within 14 days of termination

Employee Rights Upon Medical Termination

Entitlement Status
End-of-service gratuity Full payment required
Unused annual leave Paid out in full
Notice period May be waived with medical grounds
Outstanding salary Immediate payment required

Sick Leave Abuse: Consequences and Penalties

While sick leave is a protected right, abuse of the system carries serious consequences.

What Constitutes Sick Leave Abuse

  • Submitting fake or forged medical certificates
  • Working another job while on sick leave
  • Taking sick leave for non-medical reasons
  • Repeatedly taking sick leave without genuine illness
  • Failing to follow medical advice or treatment

Penalties for Fake Medical Certificates

Submitting a forged medical certificate is grounds for immediate termination without notice under Article 44 of Federal Decree-Law No. 33 of 2021.

Consequence Legal Basis
Immediate termination Article 44 - forging documents
No notice period required Serious misconduct provision
Potential criminal charges Document forgery laws
Loss of gratuity Subject to court ruling

Employer Verification Rights

Employers can:

  • Request additional medical documentation
  • Verify certificates through health authority portals
  • Require medical committee evaluation for extended leave
  • Conduct reasonable follow-up on suspicious patterns

However, employers cannot:

  • Deny valid sick leave with proper documentation
  • Require employees to work while on approved sick leave
  • Retaliate against employees for taking legitimate sick leave

Sick Leave vs. Work-Related Injuries

It's important to distinguish between regular sick leave and injuries that occur at work.

Key Differences

Aspect Sick Leave Work Injury
Legal article Article 31 Articles 36-37
Duration limit 90 days Until recovery or disability determined
Pay structure Tiered (100%/50%/0%) Full pay during treatment
Medical costs Employee responsibility Employer responsibility
Termination rules After 90 days Special protections apply

Work-related injuries have separate and more comprehensive protections under UAE law, including employer-paid medical treatment and full salary during recovery.

Best Practices for Employees

To ensure smooth sick leave processing and protect your rights:

Before Taking Sick Leave

  1. Know your company's sick leave policy and notification procedures
  2. Keep HR contact information accessible
  3. Understand which medical facilities are authorized in your emirate

During Sick Leave

  1. Notify your employer as soon as possible (within 48 hours recommended)
  2. Visit an authorized medical facility
  3. Obtain a proper medical certificate with all required details
  4. Submit documentation within 3 working days
  5. Keep copies of all medical documents

Returning to Work

  1. Obtain a fitness-to-work certificate if required
  2. Notify your employer of your return date
  3. Verify your sick leave was recorded correctly
  4. Check your payslip for accurate sick leave pay calculation

Best Practices for Employers and HR Managers

Effective sick leave management protects the company while respecting employee rights.

Policy Implementation

  1. Create a clear written sick leave policy
  2. Communicate notification procedures to all employees
  3. Train managers on sick leave handling
  4. Establish consistent documentation requirements

Record Keeping

Maintain accurate records of:

  • All sick leave applications
  • Medical certificates received
  • Sick leave balances for each employee
  • Pay tier tracking (full/half/unpaid days used)
  • Return-to-work dates

Compliance Monitoring

  • Track sick leave against the 90-day limit per employee per year
  • Ensure WPS payments reflect correct sick leave calculations
  • Document any cases where sick leave is denied and the reasons
  • Conduct periodic audits of sick leave patterns

How RadixHR Automates Sick Leave Management

Managing sick leave manually is time-consuming and error-prone. RadixHR streamlines the entire process.

Automatic Balance Tracking

RadixHR automatically tracks each employee's sick leave balance:

  • Real-time visibility of days taken vs. remaining
  • Automatic tier calculation (full pay, half pay, unpaid)
  • Year-of-service based reset for each employee
  • Alerts when employees approach the 90-day limit

Simplified Request and Approval

  • Employees submit sick leave requests through the mobile app
  • Medical certificate upload directly to the system
  • Manager notifications and one-click approvals
  • Complete audit trail of all requests and decisions

Accurate Payroll Integration

  • Automatic calculation of sick leave pay per tier
  • Seamless WPS file generation with correct deductions
  • Integration with monthly payroll processing
  • Reports for finance and compliance teams

Compliance Reporting

  • Track sick leave patterns across the organization
  • Generate reports for MOHRE audits
  • Monitor probation periods to prevent premature sick leave approval
  • Alert system for documentation requirements

Book a free demo to see how RadixHR simplifies sick leave management →


Frequently Asked Questions

How many sick leave days am I entitled to in UAE?

Employees in the UAE private sector are entitled to 90 days of sick leave per year after completing their probation period. This can be taken continuously or intermittently. The 90 days are paid as follows: first 15 days at full pay, next 30 days at half pay, and remaining 45 days unpaid.

Do I get paid sick leave during probation in UAE?

No. Employees are not entitled to paid sick leave during the probation period under UAE labor law. However, employers may grant unpaid sick leave during probation if supported by a valid medical certificate from an authorized healthcare facility.

What is the deadline for submitting a sick leave medical certificate in UAE?

Employees must notify their employer about their illness within a maximum of 3 working days and submit a medical certificate issued by an authorized medical facility. While 3 days is the legal requirement, best practice is to notify within 48 hours.

Can my employer terminate me while I'm on sick leave in UAE?

No. Under UAE labor law, employers cannot terminate an employee or issue a termination notice while the employee is on sick leave within the 90-day entitlement period. Termination can only be considered after the full 90 days are exhausted and the employee cannot return to work.

When is sick leave not paid in UAE?

Sick leave is unpaid in three situations: (1) during the probation period, (2) if the illness results from employee misconduct such as alcohol or drug consumption, and (3) if the employee violated documented workplace safety instructions.

What happens if I use fake medical certificate for sick leave in UAE?

Submitting a forged or fake medical certificate is a serious violation under UAE law. Under Article 44 of Federal Decree-Law No. 33 of 2021, employers can terminate the employee immediately without notice. It may also lead to criminal charges for document forgery.

Does sick leave carry over to the next year in UAE?

No. The 90-day sick leave entitlement is calculated per year of service and does not carry over. Unused sick leave days are not accumulated or compensated at the end of the year.

What medical facilities can issue sick leave certificates in UAE?

Only authorized healthcare facilities can issue valid sick leave certificates. This includes government health centers, DHA-licensed clinics and hospitals in Dubai, DOH-licensed facilities in Abu Dhabi, and MOHAP-approved facilities in other emirates.

Can I be terminated after 90 days of sick leave in UAE?

Yes. If an employee exhausts all 90 days of sick leave and is still unable to return to work, the employer may terminate the employment contract. However, the employee is entitled to receive all end-of-service benefits including gratuity as per the labor law.

Does sick leave affect my gratuity calculation in UAE?

Paid sick leave (first 15 days at full pay and next 30 days at half pay) counts toward continuous service for gratuity calculation. Unpaid sick leave days are generally excluded from service calculation.


Summary: UAE Sick Leave Key Facts

Aspect Requirement Legal Reference
Total entitlement 90 days per year Article 31
First 15 days Full pay (100%) Article 31
Days 16-45 Half pay (50%) Article 31
Days 46-90 Unpaid (0%) Article 31
Eligibility After probation Article 31
Notification deadline 3 working days Article 31
Medical certificate Required from authorized facility Article 31
During probation Unpaid only Article 31
Misconduct-related illness Not paid Article 31
Termination during sick leave Prohibited Article 31
Termination after 90 days Allowed with full benefits Article 31
Fake certificate penalty Immediate termination Article 44

Sources and References

Primary Legislation

  1. Federal Decree-Law No. 33 of 2021 Regarding the Regulation of Employment Relationship

  2. Cabinet Resolution No. 1 of 2022 - Executive Regulations

Government Resources

  1. UAE Government Official Portal - Sick Leave

  2. Ministry of Human Resources and Emiratisation (MOHRE)

  3. Dubai Health Authority (DHA)

  4. Department of Health Abu Dhabi (DOH)


Related Resources


Last updated: February 20, 2026. This guide is for informational purposes only and does not constitute legal advice. For specific situations, consult with qualified legal professionals or contact MOHRE directly.

Tags:#UAE Labor Law#Sick Leave#Federal Decree-Law No. 33 of 2021#HR Compliance#Employee Rights#MOHRE

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