Managing long-term sickness absence in the United Arab Emirates
Reviewed by Mellow Editorial Team, HR & payroll content team
Long-term sickness absence in the UAE is governed by Federal Decree-Law No. 33/2021, which sets out a tiered sick leave entitlement and clear rules on when an employer can lawfully end the employment relationship. Understanding the framework helps you manage absences fairly and avoid costly disputes.
What the law says about sick leave
Under Federal Decree-Law No. 33/2021, an employee who has completed their probation period is entitled to 90 calendar days of sick leave per year. That entitlement is structured in three tiers:
- First 15 days — full pay
- Next 30 days — half pay
- Remaining 45 days — unpaid
The employee must provide a medical certificate from an approved or recognised medical authority to support the absence. Sick leave taken during probation is not covered by the same entitlement; an employer can terminate a probationary employee who is absent due to illness, subject to the contract terms.
It is worth noting that the 90-day entitlement resets each year, so a genuine long-term condition can trigger a fresh cycle if the employee remains in employment across two leave years.
How to manage the absence in practice
The first step is to establish clear communication from the outset. Ask the employee (or their emergency contact, if they are incapacitated) to notify you as soon as reasonably possible, and set a consistent expectation that medical certificates reach you within a defined window — most employers use three to five working days.
Keep a documented log of every absence day, the certificates received, and any conversations with the employee. This record protects both parties if a dispute arises later. Where the condition is serious, a conversation about the likely recovery timeline — held sensitively and ideally in writing — helps you plan resourcing without making assumptions.
If the employee is receiving treatment or has a chronic condition, consider whether workplace adjustments could allow a phased return. UAE law does not prescribe a formal reasonable-adjustments framework in the way some other jurisdictions do, but demonstrating that you explored options before moving to termination strengthens your position should the matter ever reach the Ministry of Human Resources and Emiratisation (MOHRE) or an employment tribunal.
Payroll during sick leave
Because the salary changes tier by tier, payroll processing needs to track the running total of sick days accurately. During the first 15 days the employee receives their normal basic wage plus allowances as contractually defined. From day 16 the gross pay drops to 50 percent of those elements. From day 46 no salary is due for sick-leave days.
Salaries must continue to flow through the Wage Protection System (WPS) even when the amount changes, so your WPS file needs to reflect the correct reduced figure rather than defaulting to the standard monthly amount. Errors here are a common compliance gap and can trigger WPS non-compliance flags.
End-of-service gratuity continues to accrue during paid sick leave. For employees who have been with you for more than five years, that means 30 days of basic wage per year of service rather than the 21 days that apply in the first five years. If the employment ends while the employee is on sick leave, gratuity must be calculated and paid in the normal way.
When can you terminate?
Once an employee has exhausted all 90 days of sick leave in a single year and remains unable to return to work, the employer may lawfully terminate the employment relationship. This is one of the specific grounds for termination under Federal Decree-Law No. 33/2021.
Termination at this point does not mean the employee loses their end-of-service entitlement. Gratuity is still due on the basis of their total service period, calculated on basic wage. You must also pay out any accrued but untaken annual leave — 30 calendar days per year after one completed year of service — and any other contractual entitlements.
Before issuing a termination notice, confirm the day count carefully and ensure the certificate trail is complete. Terminating before the 90 days are genuinely exhausted, or without adequate documentation, can expose you to a claim for arbitrary dismissal.
Practical steps worth building into your process
A few internal measures reduce the risk of disputes and make absence easier to manage at scale:
- Sick leave policy in the employment contract or handbook — spell out the notification procedure, the certificate requirement, and the three pay tiers so employees are not surprised when pay changes.
- Manager training — line managers should know when to escalate to HR and what they can and cannot say to an absent employee to avoid any perception of pressure.
- Regular HR-to-employee contact — brief, documented check-ins during a long absence maintain the employment relationship and may surface information about expected return dates earlier.
- Coordination with MOHRE if needed — for complex cases, particularly where the diagnosis is disputed or the employee is unresponsive, MOHRE's dispute resolution process can provide a structured path before the situation escalates.
Keeping the process consistent across all employees, regardless of seniority or nationality, is the most reliable way to demonstrate that any eventual decision — whether a return to work or a termination — was made on the correct legal and factual basis.
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