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The UAE Labour Law requires employees who resign to serve their full notice period by attending all scheduled working days, yet allows for exceptions when genuine illness arises that demands immediate medical attention. Workers must notify their employer within three working days of any health issue and provide a medical report from a licensed institution for the absence to qualify as sick leave. Legal guidance indicates that employers can mutually agree to adjust the notice terms, such as by accepting the sick period or permitting completion of remaining days after recovery.
UAE private sector workers who have completed probation qualify for up to 90 days of sick leave annually, according to provisions detailed in reports on the Federal Decree-Law No. 33 of 2021. The structure provides the first 15 days at full pay, the next 30 days at half pay and the final 45 days without compensation. Article 31 of the law further specifies that no wage applies if the sickness results from the worker’s own misconduct.
An employer cannot issue a termination notice or dismiss a worker while that individual is on approved sick leave, a protection outlined in Article 31(5) of the UAE Labour Law. This rule intersects with notice periods when an employee falls ill after submitting resignation, often leading to case-by-case resolutions between the parties. The Emirates 24|7 report on sick leave rules emphasises that mutual consent remains key to handling such overlaps without breaching contractual obligations.
According to legal interpretations referenced in regional publications, employees should document all medical evidence and communications to support any request for sick leave during notice. If no agreement is reached, the party failing to honour the notice may owe compensation equivalent to the remaining period’s wages. This approach aligns with the broader framework that encourages resolution while prioritising health needs.
The Ministry of Human Resources and Emiratisation enforces these labour regulations across the private sector, where expatriates form the majority of the workforce. Ministry guidelines stress the importance of prompt notification and valid medical reports for any sick leave claim, including those arising mid-notice. Updates to the law in recent years have sought to clarify employee entitlements during employment transitions.
If an employee exhausts the 90-day sick leave limit without returning to work, the employer may then terminate the contract while disbursing end-of-service benefits as required by the legislation. This provision offers finality in prolonged cases that coincide with notice obligations. Workers in such circumstances can seek further direction from the ministry or authorised legal consultants to ensure compliance with all applicable rules.
