Overview
As awareness of mental health continues to grow globally, many employees in the UAE are increasingly asking whether conditions such as depression, anxiety, and other psychological challenges qualify for sick leave under UAE Labour Law. While physical illnesses have long been recognised as valid grounds for sick leave, the question of whether mental health conditions are treated the same way is becoming more relevant in modern workplaces. Understanding how the law views mental health‑related absences is essential for both employers and employees.
Sick Leave Entitlement Under UAE Labour Law
The UAE Labour Law provides employees with up to 90 days of sick leave per year, following the completion of the probation period. This leave may be paid, partially paid, or unpaid depending on the duration of the absence. The law does not restrict sick leave to physical illnesses alone. Instead, it requires that any sick leave regardless of the nature of the illness must be supported by a valid medical certificate issued by a licensed medical practitioner in the UAE.
Mental Health as a Valid Medical Condition
Depression, anxiety, and other mental health conditions are recognised medical issues when diagnosed by a qualified healthcare professional in the UAE. If a licensed doctor assesses an employee and issues a medical certificate stating that they are unfit to work due to a mental health condition, the employee is entitled to take sick leave just as they would for any physical illness. UAE Labour Law does not draw a distinction between physical and psychological health when it comes to sick leave rights, as long as the medical certificate is genuine and issued by an authorised medical facility.
Employer Obligations and Workplace Considerations
Employers are expected to honour valid medical certificates and grant sick leave accordingly. Taking approved sick leave, including leave for mental health conditions should not result in penalties or dismissal, as doing so may be considered unlawful. Employers are also encouraged to foster a supportive work environment by allowing employees the time they need for treatment, offering flexibility where possible, and maintaining confidentiality about the employee’s condition.
Employee Responsibilities
Employees must ensure that they obtain proper medical documentation and submit it within the timeframe required by their employer. They are also expected to follow any treatment plans recommended by their healthcare provider and keep their employer informed if extended leave is necessary. Failure to provide valid medical evidence may result in the leave being treated as unauthorised.
When Mental Health Affects Job Performance
In some cases, mental health conditions may impact an employee’s ability to perform theirduties. Employers should approach such situations with sensitivity and in accordance with UAE labour regulations. If the condition is long‑term or requires ongoing support, the employer may consider reasonable adjustments or alternative arrangements, provided these do not conflict with operational requirements. Any disciplinary action must be based on lawful grounds and not solely on the existence of a medical condition.
Legal Support
Questions around mental health, sick leave, and workplace rights can be complicated, especially when disagreements arise over medical certificates, leave approval, or how an employee is treated during their absence. At Ayesha Al Dhaheri Advocates & Legal Consultants, we support both employers and employees in navigating these issues, ensuring compliance with UAE labour laws and protecting the rights of all parties involved. Our team offers clear, practical guidance on sick leave entitlements, workplace obligations, and resolving disputes so that clients can move forward with confidence.