UAE: How long can an employee apply for medical leave?

Question: I have been diagnosed with a mental illness for which I will require an extended leave. Can I apply for a medical leave based on this? If so, for how long - paid and otherwise?

Answer: Pursuant to your queries, it is assumed that you are employed by a mainland company and have completed your probation period with your employer. Therefore, the provisions of Federal Decree Law No. 33 of 2021 on the Regulations of Employment Relations are applicable.

In the UAE, an employee is entitled to 90 days of annual leave upon completion of his or her probation period with an employer. This is in accordance with Article 31(3) of the Employment Law, which states, “An employee who completes his probationary period shall be entitled to a sick leave not exceeding (90) ninety days, successive or otherwise, in respect of each year of service, to be calculated as follows:

a. The first (15) fifteen days with full pay;

b. The next (30) thirty days with half pay;

c. Subsequent period without pay.”

Furthermore, an employee may avail leave without pay with the consent of his or her employer. This is in accordance with Article 33 (1) of the Employment Law, which states, “The employee may, after the consent of the employer, take an unpaid leave, other than leaves referred to herein."

The Employment Law and its subsequent ministerial decrees are silent on the nature of sickness to avail of sick leave. Based on the aforementioned provisions of law, you may apply for long-term sick leave up to 90 days in a year as mentioned in the aforementioned Article 31 (3) of the Employment Law. You are eligible for full salary for the first 15 days of your sick leave. Thereafter, half salary for the next 30 days of sick leave and without any pay for any subsequent period of your sick leave.

Moreover, you must provide a medical certificate/report to your employer on availing sick leave within 3(three) from the date of you availing sick leave. This is in accordance with Article 31(1) of the Employment Law, which states, “An employee who contracts an illness that is not a work injury shall report his illness to his employer, or his representative, within a maximum of (3) three working days and shall submit a medical report about his condition from the medical institution."

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