Can a UAE employer dismiss a worker for illness?
Not until the worker has used the leave legally accrued. Article 46 of Federal Decree-Law No. 33 of 2021 forbids ending service for medical unfitness before then, and any agreement otherwise is void. Article 31 allows the employer to end the contract after the sick leave is used up if the worker still cannot return.
The order of steps
Sick leave runs first, up to 90 days a year after probation: 15 at full pay, 30 at half pay and the rest unpaid. Other accrued leave, such as annual leave, must also be used before service ends on medical grounds. Only then may the employer end the contract, paying every entitlement.
Notice during leave
Article 35 says that if either side ends the contract while the worker is on leave, the notice period starts only the day after the scheduled return, unless both agree otherwise.
How SupaJack Construct helps
The leave ledger shows the sick-leave tier the worker has reached and the remaining annual leave balance, so HR can see whether the conditions in Articles 31 and 46 are met before a termination is processed.
Related tools and guides
See the UAE labour law guide for contractors, the final settlement calculator, the gratuity calculator, the annual leave calculator, the unpaid leave deduction calculator, payroll and WPS in SupaJack Construct, time and attendance and the meaning of basic salary.
Worked example
A labourer past probation is ill from 1 February. His 90 days of sick leave run to 1 May, and he has 12 days of annual leave accrued. He cannot be dismissed for unfitness before those 12 days are also used, around 13 May.
Questions people ask
Can a contract allow earlier dismissal for illness?
No. Article 46 makes such an agreement void.
Does notice start during sick leave?
No. Under Article 35 it starts the day after the scheduled return, unless agreed otherwise.
Is gratuity still due?
Yes. All entitlements must be paid.