Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations sets the sick leave rules for private sector employers on the UAE mainland. After probation, an employee is entitled to up to 90 days of sick leave a year, taken continuously or in separate periods. The first 15 days are on full pay, the next 30 on half pay and the remaining 45 without pay.
On 4 November 2026 the Ministry of Health and Prevention (MOHAP) announced an enhanced version of its sick leave attestation and approval services. Healthcare facilities licensed by the ministry now submit attestation requests on behalf of patients and patient companions, and requests that meet the conditions pass automatically to the approval stage. The change concerns the attestation process. It does not amend the Labour Law, and the ministry named federal government employees and the local governments of Ajman, Umm Al Quwain, Ras Al Khaimah and Fujairah as the beneficiaries.
- The entitlement is 90 days a year. Sick leave can be continuous or intermittent, and it applies only after the probation period ends.
- Pay follows a fixed split. The employee receives 15 days on full pay, 30 days on half pay and the remaining 45 days without pay.
- Probation leave is unpaid. During probation the employer may grant unpaid sick leave on the basis of a medical report.
- Notice is due within three days. The employee must inform the employer within three days and submit a medical report from a medical entity.
- Misconduct removes the right to pay. No wage is due where the illness results from alcohol or drug use, or from a breach of safety instructions.
- Dismissal during sick leave is not allowed. The employer may end the employment only where the employee has used the full 90 days and cannot return to work.
Who this applies to
This applies to private sector employers on the UAE mainland, including companies with large site and operational workforces in construction and logistics. It concerns HR managers, payroll teams and general managers who approve leave, calculate pay and decide on termination. Employers in the DIFC and ADGM follow their own employment laws, which set different sick leave rules.
Our employment lawyers in Dubai advise employers on leave policies, terminations after long-term illness and claims before MOHRE and the labour courts. This article covers sick leave in the private sector. Our employer compliance guide covers the wider obligations under the Labour Law.
The legal framework
- Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations. The Labour Law governs private sector employment on the mainland. Article 31 sets the sick leave entitlement, Article 30 maternity leave and Article 32 other types of leave.
- Cabinet Resolution No. 1 of 2022 on the Executive Regulations. The Executive Regulations implement the Labour Law. Article 20 sets the cases in which no wage is due during sick leave because the illness resulted from the worker’s misconduct.
- The MOHAP sick leave attestation and approval services. The enhanced services announced on 4 November 2026 move the submission of attestation requests from patients to licensed healthcare facilities.
The administering bodies:
- The Ministry of Human Resources and Emiratisation. MOHRE administers the Labour Law, receives complaints from employees and employers and refers unresolved disputes to the courts.
- The Ministry of Health and Prevention. It licenses healthcare facilities and operates the attestation and approval services for sick leave certificates.
The supervising courts:
- The labour courts of each emirate. They hear claims for unpaid sick pay, unlawful termination and end-of-service benefits.
The 90-day entitlement and the pay split
Article 31 of the Labour Law gives an employee who has completed probation up to 90 days of sick leave a year. The government guidance on sick leave in the private sector confirms the split. The employee receives full pay for the first 15 days, half pay for the next 30 days and no pay for the remaining 45 days.
Continuous or intermittent leave
The 90 days can be taken in one period or in separate periods during the year. The employer counts all sick days together, so an employee with several short absences moves from full pay to half pay once the total passes 15 days.
How pay is calculated
Sick pay is calculated on the wage the employee would have received for the days of absence. The employer should apply the definition of wage in the employment contract and the Labour Law, and record the basis used in payroll. A clear record avoids disputes about whether allowances were included.
Leave during probation
An employee on probation has no right to paid sick leave. The employer may grant unpaid sick leave on the basis of a medical report. Under Article 9 of the Labour Law, the employer may also end employment during probation by giving at least 14 days’ written notice. A termination linked to illness during probation should still be assessed with care.
Occupational injuries and diseases
The sick leave rules cover illness that is not caused by work. An occupational injury or disease follows separate rules on treatment, pay and compensation. Our article on employer liability for workplace injuries covers those rules.
Notice, medical reports and attestation
The employee must tell the employer about the illness and prove it. The employer is entitled to see that evidence before it pays sick leave, and its policy should say how the evidence is to be provided.
Notice within three days
Under Article 31, the employee must inform the employer of the illness within three days and submit a medical report on the condition issued by a medical entity. The Labour Law defines a medical entity to include government health entities and private health establishments licensed in the UAE.
What the employer can ask for
An employer may set out in its leave policy how employees should notify absence and submit reports. The policy should match the Labour Law and should not require more than the law allows. A requirement that a report be attested before it is accepted should be stated in the policy and applied to all employees in the same way.
The MOHAP change
Under the enhanced MOHAP services, the healthcare facility that issued the sick leave submits the attestation request on behalf of the patient. Requests that meet the conditions move automatically to approval, without a separate application. For employers within the named government sectors, the attestation arrives through the system. Private sector employers should confirm with their HR systems and providers whether attested certificates will arrive the same way, and update their policies once the process is clear.
The government guidance on types of leave sets out the other entitlements that an employer must manage alongside sick leave.
When no sick pay is due
The Labour Law protects the employee’s wage during illness, with limited exceptions for illness caused by the employee’s own conduct. Article 20 of the Executive Regulations sets the exceptions.
Misconduct
Under Article 20(1)(a) of the Executive Regulations, the worker is not entitled to wages where the illness resulted from the worker’s misconduct, such as the consumption of alcohol or drugs. Under Article 20(1)(b), the same applies where the illness resulted from a breach of safety instructions that the worker was informed of and acknowledged.
Proof of misconduct
Under Article 20(2), the employer must rely on a report from the concerned authorities in the UAE proving the misconduct. An employer that withholds sick pay on its own assessment, without that report, exposes itself to a claim for the unpaid wage.
Safety instructions as evidence
An employer that wants to rely on a breach of safety instructions must show that the worker was told of the instructions and acknowledged them. Signed safety inductions and toolbox talk records are the evidence that makes the exception available.
Termination during and after sick leave
Termination is the point at which sick leave disputes become expensive for employers. The rules protect the employee during leave and give the employer an exit once the entitlement is used.
No dismissal during sick leave
According to the government guidance on sick leave, an employer may not dismiss an employee or give a termination notice while the employee is on sick leave. A termination served during the leave is open to challenge as unlawful, with a claim for compensation in addition to end-of-service benefits. Our article on wrongful termination claims covers the compensation that a labour court can award.
Termination after 90 days
Where the employee has used the full 90 days and cannot return to work, the employer may end the employment. The employer must pay all the employee’s entitlements under the Labour Law, including end-of-service gratuity, accrued annual leave and any unpaid wages. Our article on the Labour Law termination process covers notice, final settlement and the cancellation of the work permit.
Documenting the decision
The employer should keep the medical reports, the leave records and all correspondence with the employee for the whole period of the illness. A decision to terminate should state that the employee has used the full entitlement and cannot return, and it should be made after the leave ends.
Employees who return
An employee who recovers and returns to work within the 90 days resumes the position. The employer may not treat the absence itself as a ground for dismissal, though it may apply its ordinary performance and conduct rules once the employee is back.
Common mistakes by employers
Treating the MOHAP change as a new law. The 4 November 2026 announcement changed how attestation requests are submitted. The entitlement, pay split and termination rules in the Labour Law are unchanged.
Counting sick days separately for each absence. The 90 days and the pay bands apply to the total for the year, so every absence counts towards the same annual limit.
Withholding pay without an official report. Under Article 20 of the Executive Regulations, the misconduct exception requires a report from the concerned authorities.
Serving notice during sick leave. A termination notice given while the employee is on sick leave can be challenged as unlawful.
Terminating before the 90 days are used. The right to end employment for illness arises only after the full entitlement has been used and the employee cannot return.
Applying the mainland rules in a free zone. DIFC and ADGM employers follow their own employment laws. Our article on DIFC and ADGM employment law covers the differences.
What employers should do next
- Review the leave policy. Check that notice, medical report and attestation requirements match the Labour Law and the current MOHAP process.
- Track sick days by year. Keep a cumulative total for each employee so payroll moves between full pay, half pay and unpaid leave correctly.
- Record safety acknowledgements. Keep signed records of the safety instructions given to each worker.
- Freeze termination decisions during leave. Do not serve notice while an employee is on sick leave.
- Prepare the final settlement. Where an employee has used 90 days and cannot return, calculate gratuity, leave pay and wages before serving notice.
- Check free zone staff separately. Apply the DIFC or ADGM rules to employees employed there.
How should employers manage sick leave under UAE labour law?
Private sector employers on the UAE mainland must allow up to 90 days of sick leave a year after probation. The first 15 days are on full pay, the next 30 on half pay and the last 45 unpaid. The employee must give notice within three days and provide a medical report from a licensed medical entity. The MOHAP change of 4 November 2026 moves the attestation of that report to healthcare facilities, without changing these rules.
The main risk is termination at the wrong time. A notice served during sick leave, or before the 90 days are used, can lead to a claim for unlawful termination as well as end-of-service benefits.
The commercial consequence is that records decide the outcome. An employer that counts sick days by year, keeps medical reports and safety acknowledgements, and waits until the entitlement is used before acting can end employment without a dispute. An employer that does not may pay compensation for a termination that the law would have allowed a few weeks later.
For private sector employers, our employment law team advises on sick leave policies, termination after long-term illness and claims before MOHRE and the labour courts.
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