Emirates: Question: I’ve been diagnosed with clinical depression and would like to take some time off work to recover. Am I entitled to sick leave? I’m employed by a Dubai-based company.

Answer: Pursuant to your query, it is assumed that you are employed full-time by a mainland private company. Therefore, the provisions of UAE Employment Law are applicable.

Under Article 31 (1) of the Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations (the “Employment Law”, if an employee suffers from an illness that is not related to a work injury, they are required to inform their employer or the employer’s representative within three working days of falling sick and must provide a medical report issued by a recognised medical entity confirming their condition.

“If the employee is infected by a disease not arising from work injury, he shall inform the employer or his representative about his sickness, within a period not exceeding (3) three working days, and submit a medical report on his condition, issued by the medical entity.”

An employee is entitled to sick leave of up to 90 days per year after completing a probation period. The leave may be continuous or intermittent and is calculated in accordance with Article 31 (3) of the Employment Law: “After the end of the probationary period, an employee may be entitled to a sick leave of not more than (90) ninety continuous or intermittent days per year, provided that it is calculated as follows: a. The first (15) fifteen days with full pay; b. The following (30) thirty days with half pay; c. The following period is unpaid.”

The Employment Law has not defined “illness” to physical conditions only. Therefore, a certified diagnosis of clinical depression by a licensed medical practitioner in the UAE may be recognised as a valid medical condition that entitles you to sick leave.

Based on the above provisions, you are entitled to up to 90 days of sick leave per year for any legitimate medical condition. Therefore, you may discuss with your employer and if your employer refuses to grant sick leave despite valid documentation, you may complain with the Ministry of Human Resources and Emiratisation (MOHRE).