UAE Sick Leave Rules 2026: Paid Leave Entitlement, Medical Certificate Rules and Employer Obligations
Published: 2 September 2026
Quick answer: Under Article 31 of Federal Decree-Law No. 33 of 2021 (the UAE Labour Law), a private-sector employee who has completed probation is entitled to up to 90 days of sick leave per year: the first 15 days on full pay, the next 30 days on half pay, and the final 45 days unpaid. To use it, the employee must notify the employer within 3 working days of falling sick and submit a medical certificate from a licensed UAE medical authority. Unused sick leave does not carry over or get paid out, and employers cannot legally terminate an employee for taking properly certified sick leave within the entitlement.
This guide explains the full 90-day structure, probation-period rules, medical certificate requirements, gratuity impact, and what both employees and employers need to know in 2026.
Legal Basis: Article 31 of Federal Decree-Law No. 33 of 2021
The UAE’s current private-sector labour law, Federal Decree-Law No. 33 of 2021 (effective from 2 February 2022), governs sick leave in Article 31. It replaced the older Federal Law No. 8 of 1980 and applies to private-sector employees across the UAE mainland. Free zone employees generally follow the same federal law unless their free zone has its own employment regulations (for example, DIFC has a separate framework – see below). Government-sector employees follow separate civil service regulations, not this law.
The 90-Day Sick Leave Structure
Once a UAE private-sector employee has completed the probation period, they are entitled to a maximum of 90 days of sick leave in any one year of service, split into three tiers:
| Sick leave period | Pay entitlement |
|---|---|
| First 15 days | Full pay (100%) |
| Next 30 days | Half pay (50%) |
| Remaining 45 days | Unpaid (0%) |
The 90 days can be taken continuously or intermittently across the year – it does not need to be one uninterrupted absence. The entitlement resets each year of service; unused sick days are never carried forward and are never paid out as a lump sum on resignation or termination, unlike some annual leave balances.
Sick Leave During Probation
An employee still on probation is generally not entitled to paid sick leave under Article 31. If an employee falls sick during probation:
– The employer may grant unpaid leave at its discretion.
– A medical report confirming the necessity of leave is still normally required.
– Approval is not automatic – it depends on the employer’s policy and the specific circumstances.
Employees planning medical procedures or aware of an ongoing condition should factor this into the timing of a new job, since probation-period sick leave protection is weaker than post-probation protection.
Medical Certificate and Notification Requirements
To validly claim sick leave under Article 31, an employee must:
- Notify the employer within 3 working days of the start of the illness or injury – this can typically be done by phone, email, or through internal HR channels, but must be timely.
- Submit a medical certificate/report issued by a licensed UAE medical authority (a public or private hospital/clinic recognised by the relevant health authority – DHA in Dubai, DOH in Abu Dhabi, or MOHAP elsewhere) confirming the illness and the recommended rest period.
Late notification can result in the employer legitimately denying sick pay for that period, even if the underlying illness is genuine – the notification requirement is a real legal condition, not a formality. Employees working across multiple emirates should confirm their treating clinic is licensed by the relevant health authority so the certificate is accepted.
Submitting a forged or falsified medical certificate is treated as a serious violation. Under Article 44 of Federal Decree-Law No. 33 of 2021, this can be grounds for summary dismissal without notice and without gratuity, since it is classified as employee misconduct.
Employer Obligations and Restrictions
Employers in the UAE cannot:
– Terminate an employee specifically because they are on properly certified sick leave within the 90-day entitlement.
– Require an employee to use annual leave instead of sick leave when a valid medical certificate has been submitted.
– Refuse sick leave pay for a properly notified and certified absence within the 15/30/45-day structure.
Employers can:
– Deny sick pay if the employee failed to notify within 3 working days or failed to provide an acceptable medical certificate.
– Request a second medical opinion in cases of reasonable doubt, through the appropriate medical/legal channel, rather than simply refusing the claim outright.
– Terminate the employment relationship if an employee remains unable to return to work after the full 90-day sick leave entitlement is exhausted, following the standard termination process and any applicable notice period.
How Sick Leave Affects Gratuity and Continuous Service
Paid sick leave (the first 15 days at full pay and the following 30 days at half pay) counts toward the employee’s continuous period of service for end-of-service gratuity calculation purposes. Unpaid sick leave days (the final 45-day tier) are generally not counted toward continuous service, which can affect the exact gratuity calculation for an employee with a long unpaid sick leave period in their final year. For the full gratuity formula, see our detailed guide on end-of-service gratuity calculation.
Worked Example: Calculating Sick Pay
Consider an employee with a basic monthly salary of AED 9,000 who takes 20 consecutive days of certified sick leave after completing probation:
| Days | Pay tier | Calculation | Amount |
|---|---|---|---|
| Days 1-15 | Full pay | 15 days at full daily rate (AED 9,000 / 30 x 15) | AED 4,500 |
| Days 16-20 | Half pay | 5 days at half daily rate (AED 9,000 / 30 x 5 x 50%) | AED 750 |
| Total for 20 days | AED 5,250 |
If the same employee had instead taken 50 consecutive days of sick leave, the calculation would cover the full 15 days at full pay, the next 30 days at half pay, and the remaining 5 days unpaid (since the 90-day cap has three tiers of 15, 30, and 45 days). Only basic salary is typically used for this calculation – allowances are handled per the specific employment contract and company policy, so employees should check their contract’s definition of “basic wage” versus “total salary.”
Sick Leave and Annual Leave: Not the Same Entitlement
Sick leave and annual leave are separate, independent entitlements under UAE Labour Law. An employer cannot require an employee to use annual leave days to cover a period of certified sickness, and sick leave taken does not reduce the employee’s separate annual leave balance (a minimum of 30 calendar days per year for most employees, after one year of service). If an employee falls sick while already on approved annual leave, UAE Labour Law does not automatically convert those days to sick leave – this depends on the employer’s policy and whether proper sick leave notification and certification requirements are met during that period.
Documentation Employers Should Keep
To handle sick leave correctly and defend against disputes, employers should retain, for each case:
– The date and method of the employee’s initial sick leave notification.
– The original or a verified copy of the medical certificate, including the issuing facility’s licence details.
– A record of the pay tier applied (full, half, or unpaid) and the running total of sick days used in that service year.
– Any correspondence regarding a requested second medical opinion, if applicable.
Clear internal HR records protect both parties if a sick leave dispute is later escalated to MOHRE or the Labour Court.
DIFC Employees: A Different Framework
Employees under DIFC Employment Law follow a separate sick leave structure, not Federal Decree-Law No. 33 of 2021 directly:
– Up to 60 working days of sick leave per 12-month period, available after 3 months of service.
– 10 days at full pay, 20 days at half pay, and 30 days unpaid.
– If sick leave exceeds 60 working days, the employer may terminate the contract, unless the absence relates to a qualifying disability.
Employees working for a DIFC-registered entity should check their specific employment contract and the DIFC Employment Law rather than assuming the mainland 90-day structure applies.
Sick Leave for Domestic Workers
Domestic workers in the UAE (housemaids, drivers, nannies, private-home staff) are covered by a separate law, Federal Decree-Law No. 9 of 2022 on Domestic Workers, not the general Labour Law described above. Under that law, domestic workers are entitled to paid sick leave, but the structure and documentation requirements differ from Article 31’s 15/30/45-day tiers. Employers of domestic workers should confirm the specific sick leave terms in the standard MOHRE domestic worker contract rather than applying the private-sector 90-day rule by default.
Sick Leave for Part-Time and Flexible Work Permit Holders
Employees on part-time work permits or flexible/temporary work permits are still covered by Federal Decree-Law No. 33 of 2021, but sick pay is generally calculated proportionally to the hours or days actually worked under the specific arrangement, rather than assuming a standard full-time monthly salary. Anyone on a non-standard work arrangement should check their contract’s specific wording on how sick pay is calculated relative to their part-time schedule.
Sick Leave and Contract Type
Sick leave entitlement under Article 31 applies the same way regardless of whether an employee is on a limited (fixed-term) or unlimited contract – the distinction affects notice periods and end-of-service compensation on termination, not sick leave itself. See our guide on UAE employment contract types for how contract type affects other entitlements.
What To Do If Sick Leave Is Wrongly Denied
An employee who believes their sick leave or sick pay was wrongly denied can file a labour complaint with MOHRE. The process typically starts with an internal complaint or MOHRE’s call centre/app, followed by a mediation session, and escalation to the Labour Court if unresolved. See our guide on filing a MOHRE labour complaint for the full step-by-step process.
Frequently Asked Questions
How many sick leave days am I entitled to per year in the UAE?
Up to 90 days per year after completing probation: 15 days full pay, 30 days half pay, and 45 days unpaid, under Article 31 of Federal Decree-Law No. 33 of 2021.
Do I get paid sick leave during my probation period?
Generally no. Paid sick leave under Article 31 typically applies after probation is completed. During probation, an employer may grant unpaid leave at its discretion, usually still requiring a medical report.
How soon do I need to inform my employer if I am sick?
Within 3 working days of the start of the illness, along with a medical certificate from a licensed UAE medical authority. Late notification can result in denial of sick pay for that period.
Can my employer fire me while I am on sick leave?
No, not for taking properly certified sick leave within the 90-day entitlement. An employer can only consider termination if the employee remains unable to work after the full 90-day entitlement is exhausted.
Do unused sick leave days carry over to the next year?
No. The 90-day entitlement resets each year of service. Unused days are not carried forward and are not paid out on resignation or termination.
Does a fake or forged medical certificate have consequences?
Yes. Under Article 44 of Federal Decree-Law No. 33 of 2021, submitting a forged medical certificate can be grounds for immediate dismissal without notice and without gratuity.
Does unpaid sick leave count toward my gratuity?
No. The first 15 days (full pay) and next 30 days (half pay) count toward continuous service for gratuity. The final 45 unpaid days generally do not count.
Is the 90-day sick leave rule the same for DIFC employees?
No. DIFC Employment Law provides a separate structure: up to 60 working days per 12-month period (10 full pay, 20 half pay, 30 unpaid), available after 3 months of service.
Can my employer ask for a second medical opinion?
Yes, an employer can request a second opinion through the appropriate medical or legal channel if there is reasonable doubt about a medical certificate, rather than outright refusing sick pay.
What can I do if my employer refuses to pay my sick leave correctly?
File a complaint with MOHRE, starting with the internal complaint process or MOHRE’s call centre/app, which can proceed to mediation and, if unresolved, the Labour Court.
Employers setting up a new business, such as a free zone company, should also plan sick leave and staffing costs from the start. Qaspro Global’s guide on SAIF Zone company setup covers licence types, visa allocation, and costs for a Sharjah free zone company.
Need Help With a UAE Employment Issue?
Yalah Dubai helps employees and employers navigate UAE Labour Law questions, MOHRE processes, and visa-linked employment matters. Contact Yalah Dubai on WhatsApp for guidance on your specific situation.