Sick leave under UAE labour law: days, pay and rules

Sick leave entitlement after probation

Article 31 of Federal Decree-Law No. 33 of 2021 gives a worker who has finished probation up to 90 days of sick leave a year, taken in one block or in separate periods. It covers illness that isn't caused by a work injury, and the pay steps down as the days add up.

The law covers the private sector. Article 3 excludes government staff, the armed forces, police and security, and domestic workers, who have their own law. The DIFC and ADGM have their own employment laws.

Sick leave pays your wage, not your treatment; that's a matter for health insurance, which the government portal says employers must buy before applying for or renewing an employee's residence permit, starting with Abu Dhabi and Dubai.

Sick leave during probation

Article 31(2) says there's no paid sick leave during probation. Your employer may still grant unpaid sick leave, but only on a medical report stating that you need it. Article 9 caps probation at six months from the day you start work.

The law defines the Medical Authority that issues the report as a federal or local government health entity or a private health facility licensed in the UAE.

How to report sick leave and when it isn't paid

• 1. Tell your employer within three business days. Article 31(1) says you notify your employer or its representative within three business days.
• 2. Get a medical report. The report on your condition must come from a Medical Authority: a government health entity or a licensed private health facility.
• 3. Return on the scheduled date. Article 34 says a worker who doesn't return straight after leave without a legitimate reason isn't paid for the absence that follows.

Article 20 of the Executive Regulation (Cabinet Resolution No. 1 of 2022) lists the cases where sick leave isn't paid:

• Illness caused by your own misconduct, such as drinking alcohol or using drugs. A report from the competent authorities must prove the link.
• Breaking safety instructions, such as road and traffic rules or workplace safety procedures you confirmed you know and follow.

Dismissal during and after sick leave

Article 31(5) lets the employer end your service once your sick leave is used up if you still can't return to work, but only after paying all your financial dues under the law. Use our gratuity calculator for an estimate of end-of-service pay.

On notice during the leave itself, the official sources differ. Article 35 says that if either side ends the contract during leave, the notice period starts the day after your scheduled return, unless you both agree otherwise. The government portal says an employer may not dismiss you or give notice while you're on sick leave. The Decree-Law is the binding text; if your case turns on this point, confirm it with MOHRE.

MOHRE handles labour complaints and issues decisions on claims up to AED 50,000, which either side can challenge in court; other disputes go to the courts. We aren't a law firm; we prepare and file the paperwork through our labour complaint support.

Work injuries and occupational disease

An injury or illness caused by your work isn't ordinary sick leave. Under Article 37, the employer pays for treatment until you recover or a disability is confirmed, plus your full wage for the treatment period or six months, whichever is shorter, then half wage for up to six more months. Death compensation is 24 months' basic wage, from AED 18,000 to AED 200,000.

Article 38 removes compensation in cases such as deliberate self-injury or being under the influence of alcohol or drugs. The government portal says work injuries must be reported to MOHRE within 48 hours; Cabinet Resolution No. 33 of 2022 sets the details.

Maternity and parental leave

Article 30 gives a female worker 60 days of maternity leave if she gives birth after at least six months of pregnancy, including a stillbirth. It sets no minimum length of service. Article 32 adds paid parental leave for either parent.

Leave can start from the last day of the month before the month you're due, with a medical certificate; the government portal says up to 30 days before delivery, but follow the law's wording. You can't be dismissed or given notice because of pregnancy or maternity leave. These figures are unchanged by the 2022, 2023 and 2024 amendments, which dealt with contracts, disputes and penalties.

In Abu Dhabi, a Social Support Authority initiative announced in August 2024 supports up to 90 days of paid maternity leave for Emirati mothers working in the private sector with an Abu Dhabi family book, for births from 1 September 2024, where the employer takes part; confirm it's still open.

See our guide to annual leave and our guide to UAE labour law. We handle leave records, contracts and MOHRE paperwork through our payroll and HR services.