UAE: Are employees entitled to sick leave for depression, mental health issues?

In a significant clarification of employee rights in the UAE, workers diagnosed with mental health conditions such as clinical depression are entitled to sick leave under the country’s employment laws. According to Article 31 (1) of the Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations, employees must notify their employer within three working days of falling ill and provide a medical report from a recognized healthcare provider. This provision applies to both physical and mental health conditions, ensuring that mental illnesses are treated with the same seriousness as physical ailments. Employees who have completed their probation period are eligible for up to 90 days of sick leave annually. This leave can be taken continuously or intermittently and is structured as follows: the first 15 days are fully paid, the next 30 days are half-paid, and the remaining period is unpaid. The law does not explicitly exclude mental health conditions, meaning a certified diagnosis of depression qualifies for sick leave. Employees facing resistance from their employers despite valid documentation can escalate the matter to the Ministry of Human Resources and Emiratisation (MOHRE) for resolution. This legal framework underscores the UAE’s commitment to employee welfare and mental health awareness, aligning with global trends in workplace inclusivity and support.