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The UAE Federal Labour Law permits employees who have completed their probation to take sick leave while serving their notice period without requiring an extension to the notice timeline. Associate Hari Wadhwana at Horizons & Co. detailed the provisions in an article published by Emirates 24|7 on Wednesday. He noted that there is no prohibition on utilising sick leave during this phase, with the only relevant restriction applying solely to the probationary period under Article 31(2) of the law.
Wadhwana explained that once probation ends, workers become eligible for up to 90 days of sick leave per year as outlined in Article 31(3). This entitlement can be taken continuously or intermittently without altering the agreed notice period. “Under no circumstances can the notice period be extended under the Federal Labour Law,” he stated in the report.
Where employees have remaining sick leave balance, those days are deducted from the entitlement but do not add to the notice duration. However, once the 90-day limit is reached, further absences are considered as failure to serve the notice. The employee would then be liable to pay the employer compensation equivalent to the salary for the unserved days per Article 43(3), Wadhwana added.
A related overview of UAE sick leave rules from the same publication indicates that the 90 days are divided into 15 days at full pay, 30 days at half pay and 45 days without compensation. The rules also stipulate that no wage is due if the sickness results from the worker’s misconduct. Employers are furthermore prohibited from terminating an employee or issuing a notice of termination while the worker is on sick leave.
The clarification aligns with broader reforms to the UAE labour framework introduced several years ago that replaced unlimited contracts with fixed-term agreements specifying notice periods of between 30 and 90 days. These changes have aimed to provide greater clarity for both employers and the large expatriate workforce in the private sector. Legal firms like Horizons & Co. frequently advise clients on navigating such regulations to avoid disputes.
Employees must provide a medical report from a licensed institution within three working days of falling ill to validate their sick leave. This documentation requirement helps prevent unauthorised absences that could trigger compensation claims during the notice phase. The law seeks to protect worker health rights while maintaining contractual commitments.
