Sick Leave in UAE: Your Rights and Responsibilities

Sick leave. Yeah, it’s something we all hope we never have to use, but when we do, it’s essential to know our rights! In the UAE, sick leave isn’t just a benefit; it’s a legal right ensuring employees are protected when needed.

In this article, we’ll break down everything you need to know about sick leave in the UAE from eligibility and pay structure to your responsibilities and the employer’s role.

What is sick leave in the UAE?

Sick leave, as per the UAE Labour Law, refers to the period of time an employee is allowed to take off work due to illness or injury. This law applies to all employees who have completed their probation period.

According to Federal Decree Law No. 33 of 2021, employees are eligible for sick leave after successfully passing their probation, typically after six months of employment.

The eligibility criteria also stipulate that employees can avail of up to 90 days of sick leave per year. The first 15 days are covered fully, the next 30 days are paid at half salary, and the remaining 45 days are unpaid.

To understand in-depth, let’s move into the next section.

Sick Leave Eligibility and Entitlement

In the UAE, sick leave is available to employees who have completed their probationary period, which is usually six months.

The specific rules for sick leave entitlement vary across sectors, but the general guideline remains the same for most employees:

• First 15 Days: Full pay
• Next 30 Days: Half pay
• Next 45 Days: Unpaid

This structure helps balance the financial well-being of employees while providing employers with a clear system to manage their workforce during sickness.

Sick Leave Salary and Pay Structure

Many payroll systems in the UAE have automated processes for calculating sick leave based on these guidelines, helping employers stay compliant while ensuring timely payments. This makes it easier for employers and employees to track and record leave policies according to the system.

However, the calculation of sick leave pay is based on an employee’s basic salary, excluding allowances such as housing or transport. Here’s a breakdown:

• Full Pay (First 15 Days): Employees receive their full basic salary.
• Half Pay (Next 30 Days): Employees are entitled to half their basic salary.
• Unpaid (Remaining 45 Days): No salary is provided during this period.

For part-time or contract workers, the pay structure may differ. It’s essential for employers to accurately track sick leave, especially when employees work on varying hours or contract terms.

Documentation and Procedure for Availing Sick Leave

Employees must provide a medical certificate issued by a licensed UAE medical practitioner to avail of sick leave. Employers must be notified within 48 hours of the absence, as part of the UAE’s commitment to maintaining a transparent and accountable workplace.

A digital sick leave certificate may be required for companies registered with the Ministry of Human Resources and Emiratisation (MOHRE), streamlining the process for both employees and employers.

Tip: Always ensure the medical certificate is from a licensed practitioner, and the timeline for submitting it is strictly adhered to. This helps avoid any disputes and provides a smooth process for both parties.

Employer Responsibilities During Sick Leave

Employers must accept valid sick leave requests and cannot terminate employees solely for taking sick leave. They are responsible for tracking leave, ensuring proper documentation, and maintaining transparent records to manage absences effectively.

Here are a few key responsibilities of an employer to be understood:

• Accept valid sick leave: Employers must accept sick leave requests with proper documentation and cannot terminate employees for availing of sick leave.
• Track: Employers are responsible for accurately tracking employees’ sick leave usage and ensuring compliance with the UAE Labour Law.
• Maintain records: Employers should maintain proper records of sick leave requests and associated documentation.
• Provide information: Employers must inform employees of their sick leave entitlements and any related policies.
• Ensure non-discrimination: Employees cannot be treated unfairly for taking sick leave as per the law.

Now with Keka, you can easily manage attendance, leave, and shift data in one place, track absences, and sync everything with payroll to ensure accurate salary calculations that fully comply with GCC labor laws.

Employee Responsibilities and Sick Leave Abuse

Employees must notify employers promptly and submit valid documentation. Under UAE Labour Law, sick leave abuse, including fake certificates, can lead to penalties like suspension or termination.

Besides this, they need to keep in mind the following things:

• Notify employer: Employees must inform their Employer of illness and provide notification within 48 hours of absence.
• Submit medical certificate: A medical certificate from a licensed practitioner must be submitted within the required timeframe.
• Be honest: Employees should avoid submitting fake medical certificates or misusing sick leave.
• Follow company policies: Employees must adhere to company-specific procedures for availing sick leave, as per the Employer’s guidelines.
• Respect the limits: Employees should use sick leave only when genuinely needed and stay within the allotted sick leave limits.

Conclusion

To create a better, more efficient workplace, both sides should strive for openness and compliance.

Though it also carries obvious duties, sick leave in the UAE is a crucial right for workers. While companies must respect these rights and handle sick leave methodically, employees must adhere to the correct processes and be open about their absences.

FAQs

1. How many days of sick leave are allowed in the UAE?

Employees are entitled to up to 90 days of sick leave per year, with full pay for the first 15 days, half pay for the next 30 days, and unpaid leave for the remaining 45 days.

2. Do I get paid during my sick leave in the UAE?

Yes, employees receive full pay for the first 15 days, half pay for the next 30 days, and no pay for the remaining 45 days of sick leave.

3. Is a medical certificate mandatory for sick leave?

Yes, a medical certificate issued by a licensed UAE medical practitioner is required to avail sick leave.

4. Can an employer reject sick leave in the UAE?

Employers cannot reject valid sick leave requests if the proper documentation is provided. However, misuse of sick leave or false documentation can lead to penalties.