How does sick leave work under the UAE Labour Law?

How Does Sick Leave Work Under the UAE Labour Law?

If you're an employee who's just come down with something nasty, or an HR manager staring at a sick note wondering what you actually owe — here's the short version. UAE sick leave rules sit in Federal Decree-Law No. 33 of 2021 and its executive regulations, and they're stricter than most people think.

Quick answer

Under the UAE Labour Law, you get up to 90 days of sick leave per year — but only after you've completed your probation period. Those 90 days are paid on a sliding scale: the first 15 days at full pay, the next 30 days at half pay, and the remaining 45 days unpaid. You must notify your employer within 3 working days and produce a medical certificate from a licensed UAE medical authority. No sick pay during probation. No sick pay if the illness came from your own misconduct.

What the law actually says

Article 31 of Federal Decree-Law No. 33 of 2021 is the provision that governs sick leave under the UAE Labour Law.^[1] Read it once and the structure is clear.

After probation ends, you can take up to 90 days of sick leave in a single year. Continuous or intermittent — doesn't matter. The pay structure is fixed by statute, not by your contract:

• Days 1–15: full wage
• Days 16–45: half wage
• Days 46–90: no wage

"Full wage" means basic plus allowances, not just basic salary. Most clients get this wrong on the first payroll run.

During probation, you're not entitled to paid sick leave at all. Your employer may grant unpaid sick leave on a doctor's recommendation, but they're not required to. Frankly, most don't.

If the illness was caused by your own misconduct — and the regulations specifically mention things like alcohol abuse or narcotics — you lose the right to sick pay entirely.^[1][2]

Watch out: The 90 days are calculated per year of service, not per calendar year. If you exhaust them, your employer can terminate you under Article 31(5) without it counting as arbitrary dismissal.

How to actually claim it

Three things have to happen, in this order.

First, notify your employer within 3 working days of falling ill. The Cabinet Resolution No. 1 of 2022 (the executive regulations to the Labour Law) is explicit on this timing.^[2] Miss the window without a good reason and you're handing your employer grounds to refuse pay.

Second, get a medical certificate from a licensed UAE healthcare provider — DHA in Dubai, DOH in Abu Dhabi, or MOHAP federally. A note from your cousin who's a doctor in Manila won't fly. For overseas treatment, you generally need attestation, and employers can push back hard on this.

Third, hand the certificate to HR. Keep a copy. Email it, don't WhatsApp it.

If your employer refuses to pay, you file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE) — the federal regulator for private-sector employment. MOHRE complaints are free to file and usually get a response within a few weeks. For DIFC and ADGM employees, different rules apply (DIFC Employment Law No. 2 of 2019 gives you 60 working days of sick leave on a different pay structure).

See our guide on filing a MOHRE complaint for the actual process.

Termination, end-of-service, and the edge cases

Here's where it gets uncomfortable. Once you cross 90 days of sick leave in a year, your employer has the legal right to terminate you under Article 31(5) of the Labour Law.^[1] You still get your end-of-service gratuity, accrued leave, and any unpaid wages — termination for exhausted sick leave is not "for cause."

What about resigning while on sick leave? You can. Your gratuity entitlement isn't affected by being unwell when you submit notice.

Pregnancy-related illness is treated separately under Article 30 (maternity leave provisions), not under the sick leave article. Don't let HR conflate the two.

Work-related injuries are covered under Articles 37–39 and the occupational injury regime — that's a different beast with full pay until recovery or a medical board determination. If your "sick leave" is really a workplace injury, classify it correctly from day one. In my experience, employers quietly book work injuries as ordinary sick leave to dodge insurance reporting. Push back.

Key dates to remember: 3 working days to notify · 15 days full pay · 30 days half pay · 45 days unpaid · 90 days total before termination risk.

A final practical note. Your contract cannot give you less than what Article 31 provides — any clause trying to do that is void under Article 65 of the Labour Law.^[1] It can give you more. Check your offer letter; some employers do offer enhanced sick pay, particularly in finance and tech.

Need this checked for your situation? Talk to a UAE-licensed lawyer →

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Citations:

^[1] Federal Decree-Law No. 33 of 2021 on the Regulation of Employment Relations, Article 31. Available via MOHRE: https://www.mohre.gov.ae

^[2] Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree-Law No. 33 of 2021. https://www.mohre.gov.ae

^[3] DIFC Employment Law, DIFC Law No. 2 of 2019, Article 35 (sick leave). https://www.difc.ae/laws-regulations