During the notice period, is an employee allowed to take sick leave?

If an employee has a legitimate medical condition requiring leave, they should provide a valid medical certificate.

The primary legal framework is Federal Decree-Law No. 33 of 2021, concerning the Regulation of Labor Relations.

Employers cannot arbitrarily deduct sick leave from end-of-service benefits. These benefits are legally protected.

They may choose to allow the sick leave and extend the notice period, or they may find another agreement with the employee.

If you need further clarification, you may ask us.

Hello,

Yes, an employee is allowed to take sick leave during the notice period, provided that they meet the necessary requirements.

The UAE Labour Law provides guidelines on sick leave, which apply regardless of whether an employee is serving their notice period.

An employer cannot deduct sick leave from an employee’s end-of-service benefits unless the employee is absent without a valid reason or fails to provide a proper medical certificate for the sick leave taken during the notice period.

The end-of-service benefits (gratuity) are calculated based on the total period of service, and sick leave, if properly documented and within the limits set by the law, should not be deducted from it.

Dear Inquirer

We are pleased to serve you and address your inquiries!

If a worker suffers an illness not resulting from a work-related injury, he or she must notify the employer or their representative of their illness within a period not exceeding three (3) working days and submit a medical report on their condition issued by a medical authority.

The worker is not entitled to paid sick leave during the probation period. However, the employer may grant the worker unpaid sick leave based on a medical report issued by the medical authority stating the necessity of granting the leave.

After the end of the probation period, the worker is entitled to sick leave not exceeding ninety (90) consecutive or intermittent days for each year, calculated as follows:

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

b. The following thirty (30) days with half pay.

c. The subsequent period without pay.

Sick leave pay is not due if the illness resulted from the worker's misconduct, in accordance with the cases specified in the executive regulations of this Decree-Law.

The employer may terminate the worker’s service after exhausting his sick leave referred to in this article, if he is unable to return to work, provided that the worker receives all his financial dues in accordance with the provisions of this Decree-Law and its executive regulations.

Contact us via email or call our offices in Dubai or Sharjah for further assistance.