UAE Sick Leave Rules: Entitlement, Pay and Employer Responsibilities
Understanding UAE sick leave rules is important for employers managing employee welfare, business continuity, payroll accuracy and compliance with the applicable labour legislation.
Under the UAE Labour Law, eligible private-sector employees may take up to 90 days of sick leave during each year of service after completing their probationary period. The entitlement may be taken continuously or intermittently and is divided into 15 days at full pay, 30 days at half pay and a further 45 days without pay.
The legislation also establishes requirements concerning employee notification, medical evidence, sick leave during probation and circumstances in which paid entitlement may not apply. Employers should therefore manage sick leave through a clear internal process that ensures consistent documentation, correct payroll treatment and appropriate handling of prolonged absence.
This guide explains how UAE sick leave entitlement works, how sick pay is calculated and what employers should consider when managing absence under the federal private-sector employment framework. Separate rules may apply to government employees, domestic workers and employees working within jurisdictions with their own employment legislation, including ADGM and DIFC.
Who Is Covered by the UAE Sick Leave Rules?
The sick leave provisions discussed in this article apply to employers and employees governed by Federal Decree-Law No. 33 of 2021, which regulates employment relationships in the UAE private sector. This generally includes private-sector establishments registered with the Ministry of Human Resources and Emiratisation.
Businesses operating within a free zone should also review the employment requirements of the relevant free zone authority. Free-zone employment may be governed by a combination of federal labour legislation, authority-specific regulations and the employee’s contractual terms.
ADGM and DIFC have independent employment legislation and their sick leave rules should be considered separately. Government-sector employees and domestic workers are also governed by different legal frameworks.
Before calculating an entitlement or applying a sick leave policy, the employer should therefore confirm which employment regime governs the individual concerned. The 90-day entitlement under the federal Labour Law should not automatically be applied to every employment relationship in the UAE without first establishing the applicable jurisdiction and worker category.
How Much Sick Leave Is Available?
After completing the probationary period, an eligible employee may take up to 90 days of sick leave during each year of service. The leave may be taken as one continuous period or through separate periods of absence during the year. The statutory sick leave entitlement is divided into three payment stages:
The first 15 days are paid at the employee’s full wage.
The following 30 days are paid at half of the employee’s wage.
The remaining 45 days are unpaid.
The 90-day entitlement is cumulative. If an employee takes several periods of certified sick leave during the same year of service, each absence is added to the previous days taken. Once the employee has used the first 15 days at full pay, any further qualifying sick leave moves into the half-pay stage, followed by unpaid leave when the applicable thresholds are reached.
Employers should maintain an accurate sick leave balance for each employee and ensure that payroll records clearly distinguish between full-pay, half-pay and unpaid days. This is particularly important when absences are intermittent, as incorrect tracking can result in overpayment, underpayment or inconsistent treatment.
How Is Sick Pay Calculated?
The UAE Labour Law refers to full pay and half pay based on the employee’s wage. The legal definition of wage includes the basic wage together with applicable cash allowances and benefits allocated to the employee under the employment contract or the law. Sick pay should therefore not automatically be calculated using the basic wage alone. For payroll purposes, the three stages operate as follows:
A full-pay sick leave day is paid at 100% of the applicable daily wage.
A half-pay sick leave day is paid at 50% of the applicable daily wage.
An unpaid sick leave day does not generate a wage entitlement.
For example, if an employee takes 20 qualifying sick leave days during the same year of service, the first 15 days are paid in full and the remaining five days are paid at half of the applicable wage. If the absences occur at different times during the year, the calculation remains cumulative.
Employers should review the employee’s contract, salary structure and any applicable company policy before processing the payment. Particular care may be required where remuneration includes variable allowances, commissions or benefits that do not form part of a fixed monthly wage. If the employment contract or internal policy provides a more favourable sick leave benefit than the statutory minimum, that enhanced entitlement should also be considered.
Sick Leave During the Probationary Period
An employee does not have a statutory entitlement to paid sick leave while serving a probationary period. However, the employer may grant unpaid sick leave where a medical report issued by the relevant medical authority confirms that the absence is necessary.
The absence should still be properly reported and documented. Employers should require the employee to follow the company’s sickness notification procedure and submit the appropriate medical evidence, even where the leave will be unpaid.
An employment contract or company policy may provide a more favourable benefit, such as paid sick leave during probation. Where an employer offers an enhanced entitlement, the terms should be clearly documented and applied consistently across comparable cases.
Employers should also distinguish genuine medically certified absence from unauthorised absence. The fact that statutory sick pay is unavailable during probation does not mean that a documented illness should automatically be treated as misconduct or absence without permission.
Notification and Medical Evidence
An employee who is unable to work because of an illness that is not connected to a work injury must notify the employer, or the employer’s authorised representative, within three working days. The employee must also provide a medical report issued by the relevant medical authority confirming the health condition and the need for absence. Employers should establish a written sickness reporting procedure that explains:
Who the employee must contact.
How the absence should be reported.
When the medical certificate must be submitted.
How extensions of certified leave should be communicated.
What process applies when the employee is fit to return to work.
The medical evidence should be reviewed before the absence is recorded as statutory sick leave and before the appropriate payment stage is applied. Where a certificate is incomplete, inconsistent or does not cover the full period of absence, the employer should request clarification before making a final payroll or disciplinary decision.
Medical information should be handled confidentially and accessed only by those who require it for legitimate employment, payroll or compliance purposes. The employer should retain sufficient documentation to support the leave decision without unnecessarily circulating sensitive health information within the organisation.
When Can Sick Leave Be Unpaid?
An employee may lose the right to receive wages during sick leave where the illness resulted from the employee’s own misconduct. The implementing regulations identify circumstances including illness caused by alcohol or drug consumption and illness resulting from a violation of applicable safety instructions.
Safety instructions may include requirements established under UAE legislation, traffic rules, crisis and disaster procedures or workplace safety rules that were properly communicated to the employee and acknowledged by them.
An employer should not withhold sick pay merely because it suspects that the employee contributed to the illness. The decision should be supported by the evidence required under the legislation. In cases involving illness allegedly caused by alcohol or drugs, a report from the relevant UAE authority is required to establish that the condition resulted from the employee’s misconduct.
The employer should document the circumstances, review the available medical and official evidence and allow the employee to respond before changing the payment status of the leave. If the facts remain unclear, the employer should obtain professional advice rather than treating the absence as unpaid or imposing disciplinary action without sufficient support.
Sick Leave and Work-Related Injury Are Not the Same
The 90-day sick leave entitlement applies to an illness that does not arise from a work injury. Where an employee’s condition results from an occupational injury or disease, a separate legal framework governs the employer’s reporting, treatment and payment obligations.
In a qualifying work-related case, the employer may be required to bear the employee’s treatment expenses until the employee recovers, becomes able to return to work or is assessed as having a disability. If the condition prevents the employee from working, the employee is generally entitled to full wage during the treatment period for up to six months. If treatment continues beyond that period, half wage may be payable for a further six months or until recovery, disability or death is established, whichever occurs first.
Employers should investigate the circumstances of an illness or injury before recording the absence against the employee’s ordinary sick leave balance. A workplace incident should be reported and managed under the applicable work injury procedures rather than processed automatically as standard sick leave. Misclassification can affect wage calculations, insurance claims, regulatory reporting and the employee’s remaining leave entitlement.
Can Employment Be Terminated During Sick Leave?
An employer may not terminate an employee because of a lack of medical fitness before the employee has exhausted the sick leave to which they are legally entitled. Any agreement that attempts to remove this protection is invalid.
Once the statutory sick leave entitlement has been exhausted, the employer may terminate the employment relationship if the employee remains unable to return to work. In that situation, the employee must receive all financial entitlements due under the Labour Law, including any applicable notice payment, accrued leave payment and end-of-service entitlement.
Sick leave does not necessarily prevent termination for a separate and legitimate reason that is unrelated to the employee’s medical condition however, the employer should be able to demonstrate the genuine reason for the decision and should follow the required contractual and legal procedures.
Termination during a medically certified absence requires particular care because an insufficiently documented decision may be challenged as being connected to the employee’s health or exercise of a statutory right.
Where notice of termination is given while the employee is on leave, the notice period generally begins on the day following the employee’s scheduled return, unless the parties agree otherwise. Employers should therefore obtain professional advice before issuing termination during an active period of sick leave.
Practical Sick Leave Compliance for Employers
A clear sick leave process helps employers protect statutory rights while maintaining accurate attendance, payroll and operational records. The procedure should be documented in the employee handbook or HR policy and communicated to employees and managers. Employers should ensure that the following controls are in place:
Confirm which employment law and regulatory jurisdiction apply to each employee.
Record the employee’s probationary status before deciding whether the absence qualifies for paid or unpaid sick leave.
Require timely notification and valid medical evidence in accordance with the Labour Law and the company’s internal procedure.
Maintain a cumulative record of all sick leave taken during the relevant year so that full-pay, half-pay and unpaid stages are calculated correctly.
Distinguish ordinary illness from a work injury or occupational disease, as different reporting and payment rules may apply.
Restrict access to medical information and retain only the documentation required for legitimate HR, payroll and compliance purposes.
Apply the policy consistently while reviewing the particular circumstances of each case before withholding pay or taking disciplinary action.
Document prolonged absence, requests for information, medical updates and return-to-work discussions before considering any decision affecting the employee’s position.
Managers should not make informal promises or disciplinary decisions without involving the person responsible for HR and payroll compliance. Consistent internal coordination reduces the risk of incorrect salary deductions, inconsistent treatment and employment disputes.
Managing Sick Leave with Clarity and Consistency
UAE sick leave is not simply an attendance matter. It affects payroll, employee records, workplace procedures and the employer’s wider compliance responsibilities. The legal entitlement is clearly structured, but errors often arise when absences are recorded inconsistently, medical evidence is not properly reviewed or the payment stages are calculated incorrectly.
Employers should ensure that their employment contracts, HR policies and payroll procedures reflect the current legal requirements. A well-managed process should protect the employee’s entitlement while giving the business a reliable system for documenting absence, managing operational continuity and responding appropriately to prolonged or disputed cases.
How NUR Advisors Group Can Support
NUR Advisors Group supports UAE businesses with outsourced HR administration, employment documentation, internal policy development and payroll coordination. We help employers establish practical procedures for recording leave, managing employee files and maintaining consistent HR compliance across the organisation.
For assistance with reviewing or implementing your company’s sick leave procedure, contact NUR Advisors Group.
Disclaimer
The information contained in this article is provided by NUR Advisors Group for general informational purposes only. It does not constitute legal, tax, accounting, financial, immigration, employment or other professional advice and should not be relied upon as a substitute for advice tailored to your specific circumstances.
Although reasonable efforts are made to ensure that the information is accurate at the date of publication, laws, regulations, procedures, fees and government requirements may change without notice. NUR Advisors Group makes no representation or warranty regarding the completeness, accuracy or continued validity of the information and, to the fullest extent permitted by law, accepts no liability for any action taken or decision made in reliance upon it.
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