UAE labour law: Can private sector employees take 6 months sick leave for major illness?
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Mehta, qualified to practise law in Dubai, the UK, and India, outlined the UAE's official sick leave policy and conditions for long-term absence in a recent Khaleej Times article.
Sick leave entitlement under UAE law
As per Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations, an employee who falls ill (from a non-work-related illness) must notify their employer within three working days and submit a medical certificate issued by a recognised medical authority. This requirement is explicitly stated in Article 31 (1):
'If the employee is infected by a disease not arising from a work injury, he shall inform the employer or his representative about his sickness, within a period not exceeding (3) three working days, and submit a medical report on his condition, issued by the medical entity.'
Following the probation period, employees are entitled to a maximum of 90 days of sick leave per year, consecutive or otherwise. This is outlined under Article 31 (3) of the law, which breaks the 90 days down as follows:
First 15 days: full pay
Next 30 days: half pay
Remaining 45 days: unpaid
These rules apply regardless of the type or severity of the illness, as the law does not differentiate between medical conditions for leave eligibility.
Options beyond the 90-day sick leave
For employees needing more than 90 days, additional leave may be granted with the employer's approval. This provision is allowed under Article 33 (1) of the Employment Law:
'The employee may, after the consent of the employer, take an unpaid leave, other than leaves referred to herein.'
In other words, while there is no automatic entitlement to more than 90 days, a worker can negotiate with their employer for extra unpaid leave on compassionate or humanitarian grounds, especially in the case of serious health conditions requiring extended recovery or treatment.
Furthermore, combining unused annual leave with the 90-day sick leave may be an option. This would allow the employee to extend their overall time away from work with some continued income, provided the employer agrees.
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Employer's right to terminate after leave is exhausted
Importantly, if an employee does not return to work after exhausting their official sick leave entitlement, the employer may legally terminate the employment contract. This is stated clearly in Article 31 (5):
'The employer may dismiss the employee if he fails to report to work, after exhausting his sick leave referred to in this Article, and the employee shall reserve all his entitlements pursuant to the provisions of this Decree-Law and its Executive Regulations.'
This means that while dismissal is permissible, the employee still retains their legal rights to end-of-service benefits and any unpaid dues, as protected under the law.
Legal summary and practical advice
Summarising the legal position, Ashish Mehta stated:
'You are eligible for full salary for the first 15 days of your sick leave. Thereafter, half salary for the next 30 days of sick leave and without any pay for any subsequent period of your sick leave.'
'You must provide a medical certificate/report to your employer on availing sick leave within 3 days from the date of you availing sick leave.'
'As you intend to avail long sick leave, you may request your employer to combine your sick leave with annual leave and further if required you may also request to grant you unpaid leave due to your long-term sickness.'
While UAE labour law offers structured sick leave entitlements, extended leave up to six months is not automatic and depends entirely on employer discretion and compassionate allowances. Employees facing major illnesses are advised to engage in open dialogue with their employer, supported by proper medical documentation, and consider blending paid, unpaid, and annual leave options where necessary.
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