Sick Leave (UAE)
A statutory paid and unpaid leave entitlement under UAE Federal Decree-Law No. 33 of 2021, granting private-sector employees up to 90 consecutive days of sick leave after completing their probation period, paid at tiered rates of full pay, half pay, and no pay.
- What Is Sick Leave in the UAE?
- Sick Leave Payment Structure in the UAE
- Eligibility and Documentation Requirements
- How to Calculate Sick Leave Pay in the UAE
- Employer Obligations During Sick Leave
- Free Zone vs Mainland Sick Leave Rules
- Sick Leave Statistics in the UAE [2026]
- HR Best Practices for Managing Sick Leave in the UAE
- Frequently Asked Questions About Sick Leave in the UAE
What Is Sick Leave in the UAE?
Key Takeaways
- ✓UAE Federal Decree-Law No. 33 of 2021 gives every private-sector employee up to 90 consecutive days of sick leave per year after completing probation.
- ✓The 90 days break down into three tiers: 15 days at full pay, 30 days at half pay, and 45 days with no pay.
- ✓Employees can't claim sick leave during their probation period unless the employer's internal policy says otherwise.
- ✓A medical certificate from a UAE-licensed physician is required. Without it, the absence doesn't count as sick leave and the employer can treat it as unauthorized.
- ✓If an employee's illness results from misconduct (substance abuse, for example), the employer isn't obligated to pay sick leave wages.
Sick leave in the UAE follows a clear, tiered structure that every HR team and employee should understand. It isn't unlimited, and it isn't entirely paid. The law gives you 90 days, but the pay decreases the longer you're away. Think of it as a safety net with a built-in timeline. Once an employee finishes their probation period, the clock starts. The first 15 days of sick leave are paid in full. Days 16 through 45 are paid at half salary. Days 46 through 90 carry no pay at all. After 90 consecutive days, the employer has the legal right to terminate the employment contract. This structure balances worker protection with business continuity. The law doesn't force employers to keep paying indefinitely, but it does prevent termination for the first 90 days of genuine illness. It's worth noting that many UAE employers go beyond the statutory minimum. Companies competing for talent in Dubai and Abu Dhabi often offer 30 days of full-pay sick leave in their contracts, especially for senior roles.
Sick Leave Payment Structure in the UAE
The payment structure under Article 31 of the UAE Labour Law is strict and non-negotiable. Here's how each tier works.
| Period | Duration | Pay Rate | Cumulative Days |
|---|---|---|---|
| First tier | 15 days | 100% of basic salary | Day 1 to Day 15 |
| Second tier | 30 days | 50% of basic salary | Day 16 to Day 45 |
| Third tier | 45 days | 0% (unpaid) | Day 46 to Day 90 |
| After 90 days | N/A | Employer may terminate contract | Day 91 onward |
Eligibility and Documentation Requirements
Not every absence qualifies as sick leave. The law sets specific conditions that both employees and employers need to follow.
Probation period exclusion
Employees on probation don't automatically get sick leave under the law. This catches many newcomers off guard. If you're still within your probation period (which can last up to 6 months in the UAE), your sick leave rights depend entirely on your employment contract and your employer's internal policy. Some companies extend sick leave to probationers. Many don't. Always check your contract before assuming coverage.
Medical certificate requirements
The employee must notify the employer within a maximum of three working days from the start of the illness. A medical certificate from a UAE-licensed doctor or hospital is mandatory. Certificates from overseas physicians won't be accepted unless they're attested by the relevant UAE authorities. The certificate should specify the nature of the illness, the recommended rest period, and the expected return date. Employers can request a second medical opinion from a doctor of their choosing, and the employee must comply.
Misconduct exclusion
If the illness or injury results directly from the employee's misconduct, the employer doesn't have to pay sick leave. This includes injuries sustained while under the influence of alcohol or drugs, and illnesses caused by activities that violate UAE law. The burden of proof falls on the employer to demonstrate the connection between misconduct and the illness.
How to Calculate Sick Leave Pay in the UAE
Sick leave pay is based on basic salary only. It doesn't include housing allowances, transportation allowances, or other benefits unless your company's policy or the employment contract states otherwise.
Calculation example
An employee with a basic salary of AED 10,000 per month takes 50 days of sick leave. Here's the breakdown: First 15 days at full pay = AED 5,000 (15/30 x AED 10,000). Next 30 days at half pay = AED 5,000 (30/30 x AED 10,000 x 50%). Remaining 5 days at zero pay = AED 0. Total sick leave payment for 50 days = AED 10,000. Without the tiered structure, the employee would have received AED 16,667 at full pay. That's a 40% reduction, which is why employees need to understand their financial exposure during extended illness.
Interaction with annual leave
Sick leave and annual leave are separate entitlements. An employee can't be forced to use annual leave instead of sick leave. However, if an employee falls sick during annual leave, the sick days can be converted to sick leave with a valid medical certificate. The annual leave days consumed by illness get added back to the annual leave balance. This is a right many employees don't know they have.
Employer Obligations During Sick Leave
UAE law places several responsibilities on employers beyond just paying the correct amount during sick leave periods.
- Job protection: You can't terminate an employee for being sick during the 90-day sick leave period. Doing so exposes the company to a wrongful termination claim at MOHRE.
- Continued benefits: Housing allowance, medical insurance, and other contractual benefits must continue during sick leave. Only the basic salary component changes based on the tier.
- No deduction from annual leave: Employers must not deduct sick leave days from the employee's annual leave balance.
- Record-keeping: Maintain accurate records of all sick leave taken, including medical certificates, dates, and payment calculations. MOHRE can request these during inspections.
- Return-to-work clearance: For extended sick leave (typically 15+ days), it's good practice to request a fitness-to-work certificate before the employee resumes duties.
- Confidentiality: Medical information provided in sick leave documentation must be treated as confidential. Share only with authorized HR personnel.
Free Zone vs Mainland Sick Leave Rules
The UAE has over 45 free zones, each with its own employment regulations. Sick leave rules can differ depending on where the employee works.
DIFC and ADGM
The Dubai International Financial Centre (DIFC) and Abu Dhabi Global Market (ADGM) have their own employment laws separate from federal law. DIFC Employment Law No. 2 of 2019 provides 60 working days of sick leave: the first 10 days at full pay, the next 20 at half pay, and the remaining 30 unpaid. ADGM follows a similar but not identical structure. Companies operating in these financial free zones must follow their specific regulations, not the federal labour law.
Other free zones (DMCC, JAFZA, DAFZA)
Most other free zones in the UAE follow the federal labour law for sick leave, meaning the standard 90-day, three-tier system applies. However, some free zones have supplementary policies. Always verify with the specific free zone authority. JAFZA (Jebel Ali Free Zone), for example, aligns with federal law but requires companies to submit all employment contracts through its own portal.
Sick Leave Statistics in the UAE [2026]
Data on how sick leave is used and managed across the UAE workforce.
HR Best Practices for Managing Sick Leave in the UAE
Getting sick leave right means more than following the law. It's about building trust while protecting the business.
- Go beyond the minimum: Offering 30 days at full pay instead of 15 costs relatively little but makes a real difference in employee satisfaction. Top UAE employers treat sick leave as a retention tool.
- Automate tracking: Use your HRIS to track sick leave tiers automatically. Manual spreadsheets create calculation errors, especially when employees take intermittent sick days across months.
- Standardize the medical certificate process: Create a clear template or checklist that employees can give to their doctor, so you get consistent documentation every time.
- Train managers on the law: Many managers in the UAE don't know the difference between the three tiers. A one-page reference card prevents costly mistakes and uncomfortable conversations.
- Plan for extended absences: When an employee approaches 45+ days of sick leave, start workforce planning conversations. You can't fire them, but you can plan coverage.
- Keep MOHRE filing deadlines in mind: If a termination happens after the 90-day period, ensure all documentation supports the decision. MOHRE reviews these cases carefully.
Frequently Asked Questions
Can an employer terminate an employee during sick leave?
Does sick leave reset every year?
Is sick leave calculated on basic salary or total salary?
Can I take sick leave during my notice period?
What happens if an employee exceeds 90 days of sick leave?
Written by Adithyan RK