Mental Health at Work in the UAE: Privacy, Sick Leave, and Termination

Welcome back to Lawgical with Ludmila, where we untangle the legal knots so that you don’t have to. I’m Ludmila Yamalova, a US-qualified lawyer based in Dubai. In each episode, we break down complex law into clear, practical insights that you can actually use.

Today, we’re talking about mental health at work in the UAE. Specifically, what your employer can know about it, what your employer cannot know, and what happens when it comes up anyway.

So, let’s unpack it. Why this episode? First of all, October 10 was World Mental Health Day. Ahead of that, a local news outlet asked me to comment on mental health privacy in the UAE workplace. Many employees see a therapist or psychiatrist, take medication, or manage a mental health condition, and do not want their employer or colleagues to know.

A news article can only carry a few quotes. Today, we’ll go through it properly.

What Is Mental Health?

Mental health has recently become a term that is, so to speak, in vogue. But it is such a broad term. Let’s see whether we can give it a narrower definition. In fact, it is a term defined by the World Health Organization, or WHO.

The WHO describes mental health as a state of mental well-being. It is what allows us to cope with the stresses of life, realise our abilities, learn and work well, and contribute to our community.

Two points matter here. First, mental health is not just the absence of a disorder. It sits on a spectrum. Everyone has mental health, just as everyone has physical health. Second, it changes. The same person can be thriving one year and struggling the next, often because of what is happening at work.

What does this look like in real life? Examples include:

• Ordinary stress and pressure, such as deadlines, a difficult manager or fear of layoffs.
• Burnout, which the WHO classifies as an occupational phenomenon rather than a medical condition. This distinction is quite important.
• Anxiety disorders, including panic attacks.
• Depression.
• Post-traumatic stress disorder, for example, after a workplace accident or traumatic event.
• Bipolar disorder.
• ADHD.
• Substance use disorders.

This is not a niche issue. The WHO estimates that depression and anxiety alone cost the global economy around 12 billion working days and roughly US$1 trillion in lost productivity every year.

One legal point: the UAE Mental Health Law protects a “psychiatric patient,” as that term is defined in the law, which we will discuss shortly. Whether a protection applies depends on that statutory definition, rather than everyday usage.

Yes, the UAE has its own Mental Health Law, but that law focuses specifically on psychiatric patients, rather than mental well-being generally.

The Scope of This Episode

I want to be clear that the scope of today’s episode is quite narrow. Mental health touches many areas of law, including criminal responsibility, guardianship, family disputes and voluntary treatment. Today, however, we focus on employment, specifically private-sector employment in the UAE that is subject to the federal Labour Law, also called the Employment Law.

This includes free zones such as DMCC and JAFZA, where the federal Labour Law applies. Today’s episode does not specifically cover the Dubai International Financial Centre, or DIFC, because it has its own employment law. Equally, Abu Dhabi Global Market, or ADGM, has its own employment law.

There is also the public sector, where separate human resources legislation governs government employees. Domestic workers are governed by a separate Domestic Workers Law.

That said, the concepts I describe today apply in broadly similar ways across these other zones and employment sectors, because we are talking about mental health. The basic concepts, their application and the rules we cover have relevance, in one way or another, to those other employment settings as well.

The Legal Framework for Mental Health at Work

There is no single mental-health-at-work law that covers everything. Instead, the rules come from a patchwork of laws, which I would describe as three different layers:

1. Employment law: This governs sick leave, termination, discrimination and related matters.
2. Health and privacy laws: These define who may hold medical information, who may share it and the general confidentiality requirements.
3. Criminal law: This addresses what happens when confidential information is disclosed without authority, for example.

These are three different buckets, or layers, of law.

Employment Law: Discrimination, Sick Leave and Termination

Let’s start with employment law. The law that applies across the country, apart from DIFC and ADGM, is the UAE Employment Law or Labour Law: Federal Decree-Law No. 33 of 2021. It is supplemented by regulations and resolutions, including Cabinet Resolution No. 1 of 2022, known as the Executive Regulations.

These are relevant because they contain specific provisions that apply in the context of mental health. I will refer to the law and its regulations together as the Employment Law. The key provisions include:

• Article 4: This prohibits discrimination, including on the basis of disability. In certain circumstances, a mental health condition could be described as a disability.
• Article 31: This addresses sick leave and the medical documentation required to support it.
• Articles 42–47: These deal with termination, notice and limits on dismissal.

Remember, our scope here is employment. Mental health most frequently comes up in the context of termination or anticipated termination, which I will discuss in more detail shortly.

Sick leave arises in almost every mental health dispute. Under Article 31, after probation, an employee is entitled to 90 days of sick leave per year:

1. The first 15 days are on full pay.
2. The next 30 days are on half pay.
3. The remaining days are unpaid.

That is the framework to keep in mind when we discuss mental health. In our experience, employees often take their longest periods of sick leave on mental health grounds. Recovering from mental stress can take more than a day or two, so this is where we see sick leave used to its fullest extent.

The employee must notify the employer and support the absence with a medical report, as required by the UAE Employment Law. That is the employment law layer; we will return to the specifics shortly.

Health and Privacy Laws

The second layer is health and privacy law.

The Mental Health Law

The UAE has its own Mental Health Law: Federal Law No. 10 of 2023. It specifically protects psychiatric patients. The law is precise: it does not simply cover mental health in general; it focuses on psychiatric patients.

Two provisions matter most for this discussion:

• Article 9(5): This protects psychiatric patients against restriction or termination of employment because of a psychiatric disorder, unless based on a specialised medical committee’s report in accordance with the applicable regulations.
• Article 9(9): This expressly protects the confidentiality of psychiatric patients’ information.

The law now has its own Executive Regulations: Cabinet Resolution No. 213 of 2025, which took effect on April 14, 2026, just a few months ago. This framework is therefore fairly new and, as such, is still largely untested in the employment courts.

The Medical Liability Law

Another relevant law is Federal Decree-Law No. 4 of 2016 on Medical Liability, which is slightly older by comparison. Article 5(6), in particular, prohibits physicians from disclosing patient secrets obtained through medical practice, subject to specified legal exceptions.

In plain terms, your employer cannot simply call your psychiatrist and demand your medical records.

Electronic Health Information

There is also Federal Law No. 2 of 2019 on the Use of Information and Communication Technology in Health Fields. These are very specific medical-sector laws. This law governs the confidentiality, use and circulation of electronic health information. Articles 4 and 13 contain key provisions relevant to that subject.

As is often the case, the law is supplemented by a Cabinet Resolution: Cabinet Resolution No. 32 of 2020.

The Personal Data Protection Law

Another law is less about health specifically and more about personal data protection: Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data.

Two provisions are relevant here. Article 4 permits the processing of personal data without separate consent for purposes such as occupational medicine and assessing an employee’s ability to work, subject to the applicable limitations and requirements. Article 2 excludes health data that is already governed by specific legislation.

This is a broad law on data protection, but it includes focused provisions relevant to personal data concerning health conditions. Which privacy regime applies depends on what the information is, who holds it and how it is processed.

Dubai Health Authority Sick Leave Certificates

That is the federal framework. In Dubai, we also have the Dubai Health Authority, or DHA, which governs the parameters and requirements for issuing sick leave certificates. The latest version is from 2024.

For anyone who becomes ill and wants to submit sick leave documentation to an employer in Dubai, DHA regulates what that certificate should look like. The employer is entitled to request a sick leave certificate that meets these requirements.

Certificates are issued electronically through DHA’s Sheryan system and must be issued by a licensed physician or dentist. It is not simply a handwritten scribble, although how strictly the employer insists on the form of the certificate can vary.

As a general rule:

• General practitioners may issue up to five days of sick leave per certificate.
• Specialists may issue up to 14 days.
• Consultants may issue up to 30 days.

This is where we have seen psychiatrists and psychologists issue these sick leave certificates. I guess these are psychiatry doctors who qualify as consultants and therefore have the authority to issue sick leave for up to 30 days.

The application itself includes the diagnosis or procedure code, and supporting medical reports are expressly treated as confidential. Not everything entered into DHA’s system by the employee or doctor will appear on the certificate later presented to the employer.

Longer periods may require further reports. DHA can review certificates and refer cases to the General Medical Committee if it questions their veracity or validity.

The regulator is therefore already checking whether sick leave is medically justified through the process used to issue these certificates. By being processed through the system, they are subject to verification. The employer does not need to read the psychiatric file itself. The medical certificate, stating a general condition without the details attached to the file, should be sufficient.

That is the second layer: healthcare laws and specific data protection rules.

Criminal Law and Unauthorised Disclosure

The third layer is criminal law, specifically the UAE Crimes and Penalties Law, Federal Decree-Law No. 31 of 2021.

Article 432 is particularly relevant because it criminalises certain unauthorised disclosures of secrets entrusted to a person by virtue of their professional position. An example would be a doctor disclosing a patient’s records or information to an unauthorised person or without the patient’s consent.

In addition to penalties under the laws governing physicians that we have already discussed, a doctor may face criminal liability for breaching trust, privacy and the confidentiality of personal information.

Alongside this is the Cybercrime Law: Federal Decree-Law No. 34 of 2021 on Combating Rumours and Cybercrimes. It works together with the criminal law framework. Article 44 addresses specified privacy violations involving information technology, including certain unauthorised disclosures of private information.

That can include information communicated by email, WhatsApp or other digital means. That is the third bucket.

Industry-Specific Medical Fitness Requirements

There is perhaps a fourth bucket, although we will not discuss it in as much detail because it is more nuanced. Certain professions are subject to their own regulations. This is less about regulations codified in the law and more about requirements mandated by particular industries. Those industries may have their own medical fitness rules set by the relevant regulators.

I will return to this later, but aviation is one example. Consider that a little cliffhanger.

When Does Mental Health Come Up at Work?

This is how the request for comment around World Mental Health Day arose: mental health in the workplace. Why does it come up, and why is it relevant to begin with?

From our experience, the starting point is that, in most cases, a UAE employer has absolutely no reason to know whether an employee sees a psychiatrist, goes to a therapist or takes medication. It is none of the employer’s business.

It becomes relevant only in limited circumstances, when the condition affects, or may affect, work. Again, this episode focuses on employment. Why would an employer care about an employee’s medical records, medical history or medical files? Why would the discussion arise? Usually, it is because work may be compromised and the employer can see that.

In practice, it comes up in two main circumstances.

1. Absence from Work

An employee may be off work for weeks or months because of a reported mental health condition. It often starts with workplace stress, such as restructuring or a new manager. The employee experiences anxiety or stress and takes extended sick leave.

Mental health-related sick leave is usually different from a typical flu diagnosis, where a general practitioner might issue two or three days of leave. It would usually come from a psychiatrist, psychologist or someone able to issue a certificate for anxiety, depression or undue stress. That would be the specialised consultant, who, by law, can issue a sick leave certificate for longer periods—in this example, up to 30 days.

That is the first setting in which an employee’s mental health becomes relevant: sick leave and an absence extending beyond a few days.

2. Performance or Conduct at Work

The employer may see changes, directly or indirectly, that affect the employee’s role. Perhaps the quality of work drops, deadlines are missed or behaviour changes. There may be outbursts, conflict with colleagues, or colleagues raising concerns about the person’s well-being.

These are the two main buckets in which an employee’s mental health may become a subject of discussion.

Other Situations

There are other situations, of course. A manager might notice something is wrong and not know what they are allowed to ask. That is part of why we are discussing this from a legal perspective: to give colleagues and managers in the UAE private sector information and a roadmap for what they can and cannot ask when someone acts out of the ordinary.

An employee may request greater flexibility, such as reduced hours, remote work or a temporary change of duties. These employment requests may potentially be directly attributable to the employee’s mental health.

Then there is the major category of termination disputes: in anticipation of termination, during the process or afterwards. Following termination, an employee might file a complaint arguing that they were dismissed because of a mental health condition.

There are also regulated fitness assessments. In certain professions, psychological fitness is a licensing condition. Aviation, particularly pilots, is the most notable example mentioned earlier. It is in the interests of the public and public safety that pilots and certain other professionals undergo psychological fitness testing as part of their licensing criteria and job requirements.

Finally, there is pre-employment screening. Standard UAE residence visa medical screening checks for specified communicable diseases, rather than mental health. Although this involves a medical process, the screening generally applied across industries concerns communicable diseases, not psychological state, unless the particular industry additionally requires psychiatric evaluation.

In each of these situations, the employer’s legitimate concern is the same: can the employee do the job, and what is the impact on the workplace? It is not about the diagnosis, therapy notes, the medical details of what is wrong or the employee’s prescription list. In simple terms, the questions are whether the employee can do the job and whether their behaviour affects colleagues in the workplace.

Mental Health and Termination

In practice, termination is where this issue most often arises. Let’s face it: termination is the most contentious issue in the employer–employee relationship, and this discussion is particularly prevalent there.

Why do medical records matter in termination? In fact, they matter less than you might think. To an extent, this is a function of UAE employment law. In some countries, including certain European countries, an employee’s medical file may be much more relevant to termination than it is in the UAE.

Perhaps this subject comes up so often here because people presume that those records will be equally important in the UAE, although that is not the case.

Termination with Notice

In practice, UAE private-sector employment is close to what is otherwise known as employment at will, somewhat similar to the US. In simple terms, the employer does not need to give the employee a reason for termination. They can terminate the employee at any point in time, for any reason, as long as they follow specific statutory requirements, such as notice and payment of all entitlements.

That is an overarching concept to keep in mind as we consider mental health in the employment context. At a high level, psychiatric records are less relevant because an employer does not need those records to terminate employment.

The position can be different in certain European countries, where termination is a more involved procedural process. Doctors and medical notes may play a greater role, with more interaction between the employer and medical practitioners. Employers may even have doctors on site or arrangements with medical providers for that reason. That is not how the UAE framework operates.

Article 42 lists the grounds on which employment can end. One is termination by either party, provided notice is given. The notice is attached to termination for what is called a legitimate reason, with written notice of between 30 and 90 days. In other words, the company can terminate for any reason.

Although the language refers to a legitimate reason, there is not really a specific definition. In practice, there is no such thing as a legitimate reason. The protection is that even if the employer terminates an employee with no good reason, as long as notice is given, the employee is allowed to serve it and is paid for it, the employer has followed its legal obligations in severing the relationship. The statutory minimum notice is 30 days, and it can extend to 90 days.

The only sanction or penalty for the employer in real terms is that, if it does not pay notice or shortchanges the employee on notice, it has to pay the remainder of that notice.

Article 47 and Retaliatory Termination

In limited circumstances, Article 47 addresses unlawful termination. As drafted, this concerns termination in retaliation for an employee’s complaint against the employer.

For example, an employee may lodge a complaint about the company violating a regulation or rule, and the company may terminate the employee in retaliation. The additional compensation available under this provision is up to three months’ wages.

This is not the same as what was commonly called arbitrary dismissal compensation under the previous law. Under the earlier framework, compensation for arbitrary dismissal was, in many cases, provided in addition to notice pay. The current law defines this additional compensation much more narrowly, focusing on retaliation.

Since the law came into force, while we have not seen every employment case, we have yet to see that particular provision arise in our own cases. It is narrowly tailored.

For mental health, this means that, in an ordinary termination, the employer does not need to prove misconduct or poor performance. It needs to provide proper notice and pay the employee’s entitlements. Therefore, an employer generally does not need to know about the employee’s psychiatric condition or access psychiatric records to make a lawful termination decision.

Again, this can differ from some European systems, where terminating employment may involve a sequence of steps and protocols, including working with medical practitioners to help an employee through a mental health-related absence before termination is possible.

In the UAE, that is not the case. The employer therefore does not really ever have a legitimate reason to ask for the employee’s medical file.

Medical Unfitness and Statutory Leave

There is one exception, as mentioned earlier, concerning an employee who is medically unfit and still within their leave entitlement. Article 46 addresses termination for medical unfitness before statutory leave has been exhausted. This is a very small exception and, in most cases, it does not really apply.

Remember that the law limits the amount of sick leave available. Part is fully paid, part is paid at half salary, and the remainder is unpaid. Once the available sick leave has been exhausted, the employer can terminate employment on medical unfitness grounds because the employee is not fit to continue. If termination takes place beforehand for that specific reason, there could be an issue.

In practice, employers do not usually state that an employee is being terminated because they have been too sick for too long. There is no requirement for employers to indicate the reason for termination. I have yet to see an employer state that someone was too sick for too long as the reason. They usually just issue a notice of termination and, as far as the law is concerned, that is sufficient.

Protection under the Mental Health Law

The UAE Mental Health Law contains a specific provision that we have not yet seen applied extensively in practice. It is important to mention because it comes from the Mental Health Law, and there can be a tendency to use it more broadly than its intended scope.

Article 9(5) protects against termination because of a psychiatric disorder, except on the basis of a specialised medical committee’s report. In other words, under this law, an employer cannot discriminate against an employee or terminate employment solely because of that psychiatric disorder, unless the relevant medical committee’s report provides the basis for that outcome.

Its scope is very limited. Remember that it refers only to psychiatric patients, not somebody suffering from stress, anxiety or burnout. As discussed earlier, each of those is considered a mental health condition, but it is not a psychiatric disorder in the way this law defines it.

Disability Discrimination and Practical Remedies

Article 4 of the UAE Employment Law also prohibits discrimination, including discrimination on the basis of disability. Let’s say an employer specifically states that it is terminating someone because they have a mental disability, be it mental stress, anxiety or a psychiatric condition. Technically speaking, that would violate Article 4’s prohibition against discrimination.

As mentioned earlier, employers do not generally have to state a reason in the termination notice. In practice, very few termination notices expressly say that an employee is being dismissed because of a medical condition. I cannot recall a particular case in which an employer actually stated that in the notice. The provision therefore exists, but it is not often used in that way in practice.

There is a second issue: the way the Employment Law is drafted, it says this is against the law, but it does not really provide what the consequences of breaching that specific provision may be.

The broader philosophy discussed here is that neither an employee nor an employer can be forced to continue an employment relationship against their will. Even where a company discriminates on medical grounds, the remedy is not to force the employer to rehire or retain the employee.

In most cases, the remedy will be, as mentioned earlier, additional compensation of up to three months, as a penalty for the company for terminating the employee on the wrong basis. That is at best. In other words, in the UAE there is no provision in the law that either the law or the courts could rely on to require or order an employer to hire someone back or retain them against its will.

Just as an employee cannot be forced to work for a company, the reasoning is that a company cannot be forced to retain an employee it does not want to retain, even if it has breached a legal requirement.

The law includes provisions against discrimination, but the practical remedies may involve an administrative complaint, a fine imposed by the authorities or financial compensation. They do not involve putting the employee back into the workplace through compulsory rehiring.

Dismissal without Notice and Medical Explanations

Article 44 addresses dismissal without notice. An employer may, in specified circumstances, terminate employment without paying notice. This requires an investigation, and an employee’s medical explanation may become directly relevant to that investigation.

For example, we have recently seen cases in which an employee did not attend work for a week or two. The employer then terminated the employee for not showing up, which it was legally allowed to do, and terminated without notice.

The employee may then explain: “I was suffering a nervous breakdown. I was experiencing mental health issues and could not come to the office. Here is a psychiatrist’s report or sick leave certificate confirming that I needed this break.”

That explanation may also address why the employee did not notify the company or provide a certificate in advance, as the law normally requires. At the very least, even if the company does not change its mind about termination, it has to terminate with notice.

Dismissal without notice could arguably be unjustified where the employee was not mentally or physically fit to notify the employer, check in or obtain a medical certificate at the time.

Let’s face it: we have seen friends or colleagues who suddenly cannot get out of bed. When that happens, they do not always immediately go to a doctor, recognise what is happening and secure a medical certificate. It can take a week or two before they are able to see a psychiatrist and obtain the documentation. The certificate may therefore be dated after the condition began.

You can see both parties’ positions. The employer has no communication from the employee and no medical certificate, so it decides to terminate without notice. At the same time, once the employee produces medical documentation, you can see why it may be in the employer’s interest to make the termination with notice instead.

That does not necessarily mean rehiring the employee. It means providing the notice entitlement because there is now a legitimate explanation. From a practical standpoint, it may not be worth arguing the point and putting the employee through further hoops in those circumstances. In most cases, my advice is to pay the notice entitlement and part amicably.

Regulated Professions: When Medical Fitness Is Part of the Job

As mentioned earlier, in certain industries an employee’s mental fitness is part of the job. Different rules apply, and, as members of society, we would want those rules to apply. This is more an exception than the general rule.

In certain professions, medical and psychological fitness is a condition of doing the job at all. That is not simply because the employer demands it; it is mandated by the regulator.

Aviation

Aviation is a clear example. Pilots and air traffic controllers must hold valid medical certificates. In the UAE, the General Civil Aviation Authority, or GCAA, governs this through specific Civil Aviation Regulations. The GCAA’s regulations follow international standards.

I imagine most of us would agree that requiring pilots and air traffic controllers to undergo psychiatric and mental health evaluation as part of their work, and to do so regularly, is in our collective interest.

The medical standards include psychiatric and psychological fitness. Depending on the case, they may involve psychiatric assessment and disclosure of relevant conditions and medication, ultimately to the employer.

Why should such strict standards apply to aviation? There have been cases in which pilots or co-pilots experienced serious mental health issues that endangered others. One specific example is the 2015 Germanwings Flight 9525 crash, which reshaped how regulators worldwide approached pilot mental health, including psychological assessments and peer support programmes.

That is one example, but we do not want to wait for more such examples before regulating. The key point is that a pilot cannot rely on privacy to avoid the required medical process.

Other Regulated Roles

Other roles may also make mental fitness important:

• Nuclear energy: For licensed operators at the UAE’s Barakah nuclear plant, the Federal Authority for Nuclear Regulation mandates this kind of fitness test as part of the licensing requirements. Again, this is less about the employer and more about the regulator.
• Healthcare: Doctors, nurses and other health professionals are subject to licensing requirements mandated by DHA, the Department of Health in Abu Dhabi and MOHAP. Depending on the field in which they work, they may also be required to provide some kind of mental health certificate.
• Security: Security guards may also be required to undergo these evaluations or mental fitness tests, depending on the specific role and requirements, for example, from Dubai Police.
• Transport: Professional drivers and heavy vehicle drivers may face additional testing requirements imposed by licensing authorities, such as Dubai’s Roads and Transport Authority, or RTA.
• Uniformed services: Police and armed forces fall under public-sector rules, outside the federal Labour Law framework discussed today.

There are therefore specific industries, and specific roles within those industries, that may carry additional psychological evaluation requirements.

Legal Practice in the US

I will add another example: lawyers in the US. I am a US-qualified lawyer. As part of taking the bar, when I took the bar exam—and this is still the requirement in the US for all licensed practitioners—you go to law school and then take the bar, but you are still not a licensed or admitted lawyer.

You have to submit character witness statements and references. As part of that, they also evaluate your mental state, including through medical records, to see whether you might have suffered from a condition.

The reason, in the context of legal professionals, is that lawyers provide advice people rely on, sometimes concerning life-changing decisions. In criminal law, that advice can concern a life-or-death situation. It is important that lawyers in the US meet a particular standard of mental fitness and do not have issues such as drug abuse. This is an ongoing requirement. Whenever there is an issue, it gets flagged in the system, and the licence may not be renewed or may be suspended.

It makes sense in the context of clients relying on a lawyer. If a lawyer’s psychiatric condition prevents them from doing the work, a client’s life or important decisions may be compromised. For example, in a child custody dispute, if a lawyer fails to act or do the required work because of a medical condition, a mother could lose custody.

These are very important decisions. That is why, at least as far as the US is concerned, there is that kind of requirement. That is another example to bring the point a little closer to home.

Again, these are specific conditions, industries and roles. They are exceptions to the general position in ordinary employment.

Who Owes What When Medical Information Comes Up?

When an employee’s medical or mental health condition becomes part of a discussion, who can ask for what? Who can provide what, and why?

Employees: Documentation, Disclosure and Authenticity

From the employee’s standpoint, Article 31 requires notification to the employer and a medical report supporting sick leave. In Dubai, as discussed earlier, that may be a DHA certificate through the Sheryan system.

An employer may be willing to accept a written doctor’s note rather than insist on a certificate through that system. It depends on the employer’s requirements. Where the formal system is required, it is a well-established process.

In regulated roles, employees must comply with the regulator’s disclosure rules. Concealing a condition from an aviation medical examiner, for example, is not an exercise of privacy rights; it is a regulatory breach.

In ordinary employment, there is no obligation to disclose a diagnosis, therapy or medication simply because a manager asks. If, after another period of sick leave, the manager demands a copy of the medical file, the employer does not have a legitimate basis to demand that full file. The legitimate request is for the sick leave certificate and the limited information it contains, rather than all the information on which it was based.

One important point: never submit a forged document. That can itself be grounds for dismissal without notice, and forgery carries separate criminal exposure. If an employee wants extra time off and creates a fake sick leave certificate, the repercussions can be severe. It is not worth it.

Once an employee relies on a psychiatric report to explain absence or performance, however, that report becomes part of the record. The employee should expect it to be tested through the proper channels.

Employers: Ask about Work, Collect Only What Is Needed

What can employers do, and what are their obligations? They can ask about work: attendance, performance, conduct and the ability to do the job.

Questions such as “Are you seeing a psychiatrist?” or “Are you taking certain medication?” are different. The employer does not have any legal right or reasonable grounds to ask that. The employee is not required to provide the information or even answer the question either way.

Employers should collect only what they need. A valid certificate confirming fitness or unfitness and the expected duration will usually serve the purpose. Where an occupational assessment is justified, the inquiry should be limited to fitness for work and any relevant restrictions.

If an employer questions the validity of a document, it can verify it through the system. Verification should take place through the regulator’s channels, rather than by informally asking around or seeking unauthorised information. If a certificate looks doubtful, use the appropriate verification process. Do not contact the psychiatrist’s office to request the employee’s files.

Medical practitioners are bound by the Medical Liability Law and the confidentiality rules already discussed. They cannot simply disclose psychiatric information or reports to a third party, including an employer.

Employers: Confidentiality and Decision-Making

Employers are also bound by confidentiality. Access should be strictly on a need-to-know basis, with secure storage. Specific laws require employers to keep this information confidential. Even within the organisation, do not disclose it to someone who has no reason to know.

Generally, do not let the condition itself drive the decision. If employment is terminated, the reason should be a legitimate business reason rather than the disorder. As mentioned earlier, expressly terminating someone because of mental health issues or a psychiatric disorder could be legally challenged, with consequences following.

Practical Workplace Scenarios

Let’s give this a little more context. These are composite examples based on the kinds of matters we see in practice.

Scenario 1: Stress Leave during Restructuring

A company announces restructuring, and rumours of layoffs spread. An employee under significant stress sees a psychiatrist because they fear they may be next on the chopping board. They submit a series of certificates, and one month of leave becomes two.

Under the framework discussed, that leave is protected but finite, and pay reduces over time. The total statutory sick leave entitlement is 90 days, and the payment phases change depending on how much leave has been taken.

The employer can insist on properly issued certificates. DHA can review certificates covering longer periods, but the employer cannot demand therapy notes.

We see these cases often, particularly as industries and markets change and AI makes inroads. Restructuring at managerial levels can leave people who have held senior positions for years feeling significant tension.

They may have been in the same role for decades. Their pay reflects their seniority and longevity, and their lifestyle is built around the expectation of that monthly income. Suddenly, they are thinking: “Something is coming. What do I do to make sure I still have a role in the company?”

At that point, there may be very little they can do. The restructuring might not actually affect them, but employees may begin worrying that they will be next. They may not be told either way. The uncertainty becomes overwhelming, they lose sleep, and they take extended breaks.

Once the employee calls in sick, even if it is for mental health, and has a certificate for, say, 30 or 60 days, the employer cannot terminate them during that sick leave. The employer can send a termination notice, but that notice will not kick in or start until the employee comes back to work after the sick leave ends.

This is a pattern we see: the employee anticipates termination, goes on mental health-related leave for a month or two, and returns to receive the termination notice. By now, most companies should know that they cannot terminate employees while they are on sick leave. Once the employees return to the office, that is often when they receive their termination, and there is very little they can do at that point.

The takeaway is that an employer can verify leave but cannot punish illness. Employees should also understand that sick leave is a bridge, rather than a shield against restructuring. Two additional months do not mean the company can no longer terminate employment after the employee returns.

That may differ from some European countries, where employees returning from a break may need to be reintegrated into the workplace before termination can take place. The UAE does not have that same process. As a result, the employer has no legitimate reason to request the full medical file or further details about why the employee took the mental health-related break.

Scenario 2: A Mental Breakdown Raised during a Performance Review

An employee has been under performance review for months and has received several warnings. With termination now on the table, the employee produces a psychiatric report and says that a breakdown explains the missed targets.

The report does not automatically excuse the performance issues. If the employer terminates with notice, it does not need a performance reason at all.

The employee may have a genuine explanation for being unable to perform. But if the employer proceeds with proper notice, it does not need to investigate the employee’s medical history to understand why the performance was affected.

If dismissal is for misconduct under Article 44, without notice, the report may be relevant to the investigation. That is the example discussed earlier. If the psychiatric disorder itself is the reason for dismissal, the Mental Health Law’s prohibition becomes relevant.

In most cases where these examples come up, there is not an actual psychiatric disorder; it is more burnout or anxiety.

Timing matters. A report produced only after termination is threatened will naturally attract scrutiny. If an employee senses that termination is coming, or has been told about it but not formally served with notice, and then produces a report, questions may arise. But it does not really ultimately change the result.

For employees who are genuinely unwell and believe they still have a place in the company, it is in their interests to raise the issue early and support it with appropriate medical documentation. The employer may value the employee but have noticed a recent decline in performance. If that decline is genuinely connected to a medical condition, explaining it may help the employer understand why another chance is appropriate.

Scenario 3: A Colleague Appears Unwell

An employee’s behaviour changes. There are outbursts in meetings, colleagues become concerned, and some feel uncomfortable.

The employer can address the specific conduct and offer support. That might include an employee assistance programme, if one exists, time off or a referral. Where the contract or policy permits it and there is a legitimate purpose, an occupational fitness assessment may also be justified. It should be limited to fitness for work.

The takeaway is to lead with care, focus on conduct and avoid playing doctor. An employer should not try to diagnose or treat the employee.

Scenario 4: A Sick Leave Certificate Is Forwarded to the Team

HR receives a sick leave certificate containing a psychiatric diagnosis or a specific diagnostic code. A manager shares a screenshot in the team’s WhatsApp group, saying: “FYI, this employee is on psychiatric leave.”

That creates a confidentiality problem and potentially a criminal one. The Mental Health Law, Penal Code and Cybercrime Law discussed earlier may all become relevant because the manager has disclosed private medical information to people who have no need to know it.

This can involve a breach of privacy and trust, with serious consequences for the company and the individual manager responsible.

The team only needs to know that the colleague is on approved leave. It does not need to know why or receive the medical details.

Scenario 5: A Manager Asks about Medication

In a one-to-one meeting, a manager asks: “Are you on any medication? Is that why you have been so slow or ineffective?”

Outside regulated roles, such as those in aviation discussed earlier, the employee has no obligation to answer. The manager is entitled to raise the performance concern, but not to interrogate the employee about the medical reasons behind it or demand prescription records and medical diagnoses.

Employees can politely decline. Managers should remember to ask about the work, rather than private medical conditions.

Scenario 6: A Pilot Does Not Declare Treatment

A pilot starts treatment for depression but does not declare it because they fear for their career.

This is a setting where silence is not protected. Medical fitness is a regulatory condition of the licence. Nondisclosure can lead to loss of the medical certificate and, depending on the circumstances, the job.

In regulated professions, the safer route is disclosure through the proper channels. Many conditions can be managed within the system. Concealment will rarely help or protect the employee.

Scenario 7: A Post-Termination Complaint

An employee is terminated with notice and files a complaint with the regulator, arguing: “I was fired because of my mental health condition.” They attach psychiatric reports.

The employee may rely on Article 9 of the Mental Health Law and the Labour Law. The employer may rely on its right to terminate with notice. The outcome turns on the evidence: what the employer knew, when it knew it, and what reason was given in the termination letter.

As discussed earlier, if the employer simply says, “We are terminating you, and here is your notice,” the employee does not really stand a chance. If the termination notice says, “We are terminating you because you have a psychiatric condition,” there are definitely grounds to challenge that under the Mental Health Law.

This is where good records matter. Employers should keep clear documentation of legitimate business reasons. Employees should keep a clear timeline showing that the condition was the reason, if evidence exists to support that.

Five Takeaways

Let’s bring everything together.

1. Privacy is the default. A mental health diagnosis, therapy and medication are private. An employer has no general right to know about them.
2. The employer’s legitimate interest is capacity, rather than diagnosis. Can the employee do the job? That is the workplace question, rather than the full medical explanation behind the answer.
3. Termination rarely requires medical records. In practice, UAE employment is close to at will, subject to real exceptions involving medical unfitness, psychiatric disorders, discrimination and complaints. An employer generally does not need the employee’s medical details to terminate lawfully.
4. Employees often bring mental health into the dispute themselves. In our experience, it is frequently introduced as an explanation or defence, rather than because the employer demanded the information. Once disclosed, it must be kept confidential.
5. Regulated professions are different. Where medical fitness is a licensing condition, disclosure takes place through the regulator’s process. It is driven by regulatory requirements, with the information and files handled by qualified personnel.

Mental health is health. The law protects your privacy, but privacy is not a shield against every consequence at work.

For employees: know your rights and document matters properly. For employers: ask about the work, rather than the diagnosis, and protect what you learn.

That’s all for this episode of Lawgical with Ludmila. If you found this episode useful and like what we do, you can find more on our website, lylawyers.com. We are also on Apple Podcasts and Spotify. For the full experience, you can watch our video podcast on YouTube. Until next time, stay informed, stay safe, and keep things Lawgical.