UAE Law Recognises Sick Leave Entitlement For Depression And Other Mental Health Conditions in Private Sector Employment

Employees in the UAE suffering from depression or other mental health disorders are entitled to take sick leave, provided the condition is certified by a licensed medical practitioner. The UAE’s employment laws recognise mental health conditions as legitimate medical grounds for leave, granting workers the same rights and protections afforded to those with physical illnesses.

Under the Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations, any employee who falls ill -- whether physically or mentally -- must inform their employer or the employer’s representative within three working days of the onset of illness. They must also provide a medical report issued by a recognised medical entity confirming the diagnosis.

After completing the probation period, an employee is entitled to up to 90 days of sick leave per year, which may be taken continuously or intermittently. The leave is calculated as follows: the first 15 days are on full pay, the next 30 days on half pay, and the remaining period, if any, is unpaid.

The law does not restrict the definition of “illness” to physical conditions. Therefore, if an employee is diagnosed with a mental health disorder such as clinical depression, anxiety, or burnout by an approved medical professional, the diagnosis qualifies as a legitimate medical condition entitling them to sick leave. This interpretation aligns with the UAE’s broader legal approach that recognises psychological wellbeing as an essential component of overall health.

The country’s legal framework has been evolving to give greater recognition to mental health issues in the workplace. Recent developments in federal laws on mental health emphasise the need to safeguard the rights and dignity of individuals undergoing psychological treatment. Employers are thus expected to treat certified cases of depression or mental illness with the same seriousness as any other medical condition, allowing the employee adequate time to recover.

Employees seeking sick leave for mental health reasons should ensure they submit proper medical documentation from a licensed psychiatrist, psychologist, or hospital in the UAE. They are also required to comply with the three-day reporting rule. Employers, in turn, are obliged to process such requests according to the provisions of the Employment Law, without discrimination or stigma.

If an employer refuses to grant sick leave despite valid medical documentation, the employee has the right to file a complaint with the Ministry of Human Resources and Emiratisation (MoHRE). The ministry can intervene to ensure compliance with labour regulations and protect the worker’s entitlements.

In essence, UAE law guarantees that employees suffering from depression or any other recognised mental health disorder are entitled to the same sick leave benefits as those recovering from physical illness. By acknowledging mental health as a genuine medical condition, the law reinforces the importance of psychological wellbeing in the workplace -- a significant step toward fostering a more compassionate and inclusive employment environment.

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