أسئلة وأجوبة
Can an employee be absent on sick leave during the notice period?
I would like to confirm whether an employee is legally permitted to be absent from work during the notice period if the absence is due to a legitimate medical condition and supported by an approved medical certificate.
Be advised that an employee is legally allowed to be absent from work during the notice period if the absence is due to a legitimate medical condition and supported by an approved medical certificate.
UAE Labour Law allows sick leave during the notice period, and the employer cannot penalize or terminate the employee solely for being on approved medical leave. The employee remains entitled to their salary for the approved sick leave period; however, unapproved or falsified medical certificates can be challenged.
For a step-by-step guide and to ensure your rights are fully protected, please share your WhatsApp number so we can review your case directly.
Hello,
An employee can be absent during the notice period if the absence is due to a legitimate medical condition. Employers must honor such medical leave in line with UAE Labor Law.
Please feel free to contact us if you require any further assistance.
ISN Legal Consultancy
Greetings from Dr. Khalifa Bin Huwaiden Advocates & Legal Consultants.
Under labor law, an employee is permitted to be absent during the notice period if supported by a valid medical certificate. If you wish, we can proceed by obtaining a Power of Attorney from you to take the necessary steps to ensure your rights are fully protected and to coordinate with your employer.
OUR LEGAL TEAM is ready to provide online legal assistance whenever you need it.
Thank you for reaching out and for sharing the details of your situation with us.
Yes, an employee is legally entitled to be absent during the notice period if the absence is due to a legitimate medical condition supported by an approved medical certificate. Sick leave is a legal right, and the employer cannot penalize or terminate the employee because of it, provided the employee notifies the employer promptly and submits the medical certificate within the legal timeframe.
Adherence to procedures: The employee must inform the employer of the illness within a period not exceeding two working days and provide the attested medical certificate to avoid being considered absent from work without a valid excuse.
There are multiple legal directions in this situation, and the bestt route depends on whether the sick leavee is properly certified, whether the employer disputes the certificate, and how the absence affects handover and final settlement. We previously handled a similar notice-period dispute where the employer claimed “unauthorized absence” despite a valid medical certificate, and we secured a favorable outcome for our client by organizing the documentation trail and neutralizing the employer’s disciplinary angle.
In principle, medically certified absence is treated differently from abandonment, but the silent risk is procedural: if the certificate is not properly issued, not submitted on time, or the employer claims it is not “approved,” they may try to treat it as breach during notice and leverage it to reduce final dues or justify adverse action. The employer’s expected strategy is to argue that notice-period obligations override absence and to frame it as failure to serve notice. Our strategy is to anchor the absence as medically justified, ensure proper submission and acknowledgment, and manage the handover in writing so the employer cannot later allege non-cooperation.
A precise answer requires reviewing the employment contract, the notice letter, the medical certificate details, and the employer’s internal policy communications, because the outcome depends on the documentation and how it was processed. RASHID ALKAITOOB ADVOCATES & LEGAL CONSULTANTS, based in Dubai for 12 years, can identify the most suitable solution for your case type. We offer a free 20-minute listening session for an initial assessment, not a legal consultation, depending on complexity. Our consultants speak Arabic, English, Russian, Hindi, and Chinese.
This response is provided by Rashid Al Kaitoob Advocates & Legal Consultants based solely on the information you’ve provided and does not constitute a final legal opinion. A binding legal assessment can only be given after reviewing the full documents of the case.
Yes. Under UAE labour law, an employee may legally be absent during the notice period if the absence is due to a genuine medical condition and is supported by a valid, approved medical certificate issued by an authorised medical provider.
