UAE sick leave was reset in 2022. The previous Labour Law was replaced by Federal Decree-Law No. 33 of 2021 on the Regulation of Employment Relations, which came into force on 2 February 2022 and now governs all private sector workers regulated by the Ministry of Human Resources and Emiratisation (MOHRE). The headline structure — up to 90 days of sick leave per year with a tiered pay scale — looks generous, but the conditions are tight: the entitlement starts only after probation, the pay tiers reduce sharply, and termination for sick leave abuse is explicitly permitted in defined circumstances.
This guide covers the UAE sick leave rules as they operate in 2026: who qualifies, the 15/30/45 pay structure, certification, the probation exclusion, and the pitfalls that come up most often for employers.
Key takeaways
- Article 31 of Federal Decree-Law No. 33 of 2021 entitles employees to up to 90 days of sick leave per year, calculated on a continuous or intermittent basis.
- Pay during sick leave is tiered: first 15 days at full pay, next 30 days at half pay, remaining 45 days unpaid.
- The entitlement starts after the probation period ends — there is no statutory paid sick leave during probation.
- Sick leave must be supported by a medical report from a recognised medical authority within 3 working days of the absence.
- Employers may terminate for failure to return to work after exhausting sick leave, with end-of-service gratuity preserved subject to the Decree-Law’s conditions.
The 90-day annual entitlement
Article 31 of Federal Decree-Law No. 33 of 2021 sets a single sick leave pool of up to 90 days per year. That figure is per year of service, not per illness or per absence. The 90 days can be taken continuously or in scattered absences — the cap is cumulative across the year.
Free zones with their own employment regulations (notably DIFC and ADGM) have separate sick leave rules that override Federal Decree-Law No. 33 of 2021 for employees of entities licensed in those zones. This guide covers the position under the federal law applicable to employees in mainland UAE and free zones that follow MOHRE rules.
The three-tier pay structure
The 90 days are paid on a sliding scale set by article 31(3):
| Sick leave days | Pay rate |
|---|---|
| First 15 days | Full wage |
| Next 30 days | Half wage |
| Remaining 45 days | No pay (unpaid sick leave, employment continues) |
“Wage” for this purpose is the basic wage, plus any allowances that form part of the contract under article 1’s definition of “Wage”. Practically, this typically means basic wage plus housing, transport, and other fixed allowances — but not variable bonuses or commissions.
The half-pay tier is where most employer disputes arise. Employees sometimes expect full pay throughout, particularly in industries used to gulf-region practice of paying full salary for shorter absences. The Decree-Law is explicit: from day 16, pay is half.
Probation: no statutory sick leave
Article 31(2) is clear that the sick leave entitlement begins after the probation period. During probation, an employee has no statutory right to paid sick leave. They are not prevented from being absent for genuine illness — but the absence is treated as unpaid, and prolonged absence during probation can result in termination.
Probation in the UAE is up to six months under article 9 of the Decree-Law. An employer offering paid sick leave during probation is doing so as a contractual benefit, not under the statute.
Certification: 3 working days
Article 31(4) requires the employee to inform the employer of the illness within 3 working days and to support the absence with a medical report from a recognised medical authority. Recognised medical authorities include MOHRE-licensed clinics and hospitals, and certain government health facilities.
If the employee does not notify within 3 working days or fails to provide the medical report, the employer can treat the absence as unauthorised, with the usual disciplinary consequences. In practice, MOHRE expects employers to apply the rule reasonably — a hospitalised employee unable to notify is not at fault for missing the 3-day window.
What is not paid
Article 31(5) excludes some scenarios from paid sick leave entirely:
- Illness or injury caused by the employee’s misconduct
- Illness resulting from breach of safety rules established by the employer
- Illness resulting from the consumption of alcohol or narcotics
The burden is on the employer to establish the exclusion, typically through the medical report itself or through a documented investigation.
Termination after exhausted sick leave
If an employee exhausts the 90-day entitlement and is still unable to return to work, article 31 allows the employer to terminate the contract. The employee retains:
- End-of-service gratuity calculated up to the date of termination
- Any accrued unused annual leave
- Any other contractual rights (notice period, repatriation if applicable)
This is an important distinction from some other jurisdictions: extended absence beyond statutory sick leave is a permitted ground for termination in the UAE, not a protected status.
Employer obligations
UAE employers under Federal Decree-Law No. 33 of 2021 have five core obligations on sick leave:
- Provide the 90-day entitlement at the article 31 pay tiers once probation is complete.
- Pay the correct wage at each tier — full, half, or unpaid — and apply the article 1 wage definition.
- Accept valid medical reports from recognised medical authorities and not require duplicate verification routinely.
- Keep records of sick leave taken and pay rate applied, in line with the labour file and WPS payroll record requirements.
- Apply terminations correctly — only after the 90-day pool is exhausted and the employee remains unable to return, with statutory entitlements paid out.
Employers operating across multiple emirates and free zones should confirm whether each entity is under MOHRE jurisdiction or under a free zone authority with its own rules.
Common pitfalls
UAE employers — particularly multinationals applying a global sick leave policy — fall into the same five traps:
1. Paying full salary throughout
Some employers treat the 90 days as full pay, often as a generous departure from the law. That is fine as a contractual benefit, but recording it as statutory sick leave at full pay is incorrect — the half-pay tier kicks in at day 16.
2. Allowing sick leave during probation
Under the federal law, there is no paid statutory sick leave during probation. Employers can offer it contractually, but applying it without contractual authority creates an inconsistency with the statute and is a frequent MOHRE audit finding.
3. Confusing wage definitions
Article 1’s wage definition includes basic plus contractual allowances. Calculating sick leave pay on basic alone underpays the employee. Using gross including bonuses overpays. The contract is the reference.
4. Treating private clinic certificates as inadmissible
Recognised medical authorities include MOHRE-licensed private clinics — not just government hospitals. Rejecting a private clinic certificate without good reason is a frequent dispute.
5. Mishandling free zone employees
DIFC and ADGM have their own sick leave rules that differ from the federal law. Applying federal Decree-Law No. 33 of 2021 to a DIFC employee, or vice versa, is an avoidable error.
For broader context on UAE leave entitlements, see our overview of annual leave in the UAE and the main types of leave employers manage.
Frequently asked questions
How many days of sick leave do UAE employees get?
Up to 90 days per year of service, with the first 15 days at full pay, the next 30 days at half pay, and the remaining 45 days unpaid.
Do employees get sick leave during probation?
No, not as a statutory entitlement. The article 31 sick leave pool begins after probation ends. Contractual schemes can be more generous.
What counts as a recognised medical authority?
MOHRE-licensed clinics and hospitals, government health facilities, and other medical providers recognised by the relevant emirate’s health authority. The medical report must be from one of these.
Can an employer terminate for excessive sick leave?
Yes, after the 90-day entitlement is exhausted and the employee is still unable to return. End-of-service gratuity and other statutory entitlements remain payable on termination.
Are bonuses included in sick leave pay?
No. Article 1 defines wage to include basic plus contractual allowances. Variable bonuses, commissions, and one-off payments are excluded from the sick leave pay calculation.
How do DIFC and ADGM rules differ?
The DIFC Employment Law and ADGM Employment Regulations have their own sick leave provisions and pay structures. Employees of entities licensed in those free zones are governed by the relevant free zone law, not Federal Decree-Law No. 33 of 2021.
Putting it into practice
If you employ staff in the UAE, the practical to-do list is short:
- Confirm your sick leave policy mirrors the article 31 90-day structure with the 15/30/45 pay tiers.
- Check your payroll uses the article 1 wage definition for both full-pay and half-pay tiers.
- Set a clear 3-working-day notification rule and accept medical reports from any recognised authority.
- Keep sick leave records aligned with your labour file and WPS payroll trail.
- For free zone entities, confirm whether DIFC, ADGM, or another regime applies and follow that regime instead.
A modern leave management system applies the UAE’s tiered pay structure automatically, separates probation absences from statutory sick leave, and produces the records MOHRE asks for in inspections — so the next labour audit is a clean export, not a forensic reconstruction.
Sources
- Ministry of Human Resources and Emiratisation — Labour Law (primary source — Federal Decree-Law No. 33 of 2021)
- DIFC Employment Law (DIFC Authority)
- ADGM Employment Regulations (Abu Dhabi Global Market)
Last updated: 5 May 2026. This article is general guidance, not legal advice. For UAE-specific advice — particularly free zone variations and termination after exhausted sick leave — consult a UAE-qualified employment lawyer.