Can I submit a medical report for a surgery I did in my country so that the annual leave won't be affected?

A medical leave issued from abroad (such as India) must be attested by the relevant health authority in the country of treatment and then by the UAE embassy there.

It should also be submitted to the UAE's health authority for approval.

If the medical leave is not officially approved in the UAE, the employer has the right to deduct it from your annual leave balance.

Our legal center specializes in employment disputes and can assist you in submitting or challenging the leave deduction. Contact us via WhatsApp for further legal support and inquiries.

Dear Inquirer

We are pleased to serve you and address your inquiries.

You have the right to sick leave, and the legal basis is attached. Article 31 of the Labor Law states:

1. If an employee 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 must submit a medical report on their condition issued by a medical authority.

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

3. After the end of the probation period, the employee 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.

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

5. The employer may terminate the employee's service after the employee has exhausted his sick leave referred to in this Article, if he is unable to return to work.

The employee shall receive all his financial entitlements 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.

Jasim Al Haddad Advocates & Legal Consultants

In the UAE, employees are entitled to up to 90 days of sick leave per year (with the first 15 days fully paid).

But to have medical leave taken abroad—such as for surgery in India—accepted without affecting annual leave, the medical report must be attested by the UAE Embassy in that country and submitted with supporting documents like travel records.

While UAE law allows for this if properly documented, it ultimately depends on your employer’s approval, so providing all required attestations and documentation is key to ensuring it’s not deducted from your annual leave.

Hello,

Medical certificates from outside the UAE (like India) are not automatically valid for medical leave under UAE law. Your employer is not legally obligated to accept medical leave issued abroad — unless:

You get it attested by the UAE embassy in India and the Ministry of Foreign Affairs (MOFA) in the UAE. Or the employer voluntarily accepts it as valid.

Hello!

If your medical leave from India is not officially recognized by the UAE health authorities or if your employer’s policy requires local validation, HR may count it as annual leave.

Badr Legal Consultants