What UAE Employees Should Know About Keeping Mental Health Information Private at Work.
Dubai: If you are attending therapy, taking psychiatric medication or receiving treatment for a mental health condition, are you legally required to tell your employer in the UAE?
Under UAE law, employees’ medical information is generally considered confidential. However, certain circumstances, including sick leave requests, concerns about job performance and medical fitness requirements, may make some level of disclosure necessary.
Questions about confidentiality also arise when employees use company-sponsored health insurance. For instance, can an employer discover whether a staff member has claimed insurance benefits for counselling, therapy or psychiatric treatment?
Legal and insurance specialists explain the limits of an employer’s right to request medical information, the protections available to employees and the circumstances in which disclosure may be required.
Can employers in the UAE request details of a mental health diagnosis?
According to Ludmila Yamalova, Founder and Managing Partner of HPL Yamalova & Plewka FZCO, information about an employee’s mental health diagnosis, therapy appointments, prescribed medication and medical history is generally confidential.
“An employee’s psychiatric diagnosis, therapy, medication, and medical history are private matters, and an employer does not have an unrestricted right to access that information. However, the extent of an employee’s disclosure obligations depends on the circumstances.”
In most routine employment situations, workers are not legally obliged to reveal a psychiatric diagnosis, disclose that they are undergoing therapy or provide details of their treatment simply because an employer requests them.
However, employers may legitimately address matters directly related to the employment relationship, including attendance, workplace behaviour, job performance and an employee’s ability to fulfil their professional responsibilities.
“The employer may legitimately inquire about matters that affect the employment relationship, such as attendance, performance, conduct, or the employee’s ability to perform their duties. However, those concerns do not automatically entitle the employer to demand private medical information,” Yamalova explained.
For example, if an employee’s performance begins to decline, a manager may discuss the issue, identify areas requiring improvement and expect the employee to meet the requirements of their role.
That does not, however, automatically authorise the employer to question the employee about psychiatric consultations, therapy sessions or the use of mental health medication.
The distinction is between an employer’s legitimate interest in workplace performance and an employee’s right to keep personal medical information confidential.
“An employee’s psychiatric diagnosis, therapy, medication, and medical history are private matters, and an employer does not have an unrestricted right to access that information. However, the extent of an employee’s disclosure obligations depends on the circumstances. For example, where an employee is taking sick leave because of a mental health condition, UAE Labour Law requires the employee to provide medical documentation supporting their absence.”
Ludmila Yamalova, Founder and Managing Partner of HPL Yamalova & Plewka FZCO Legal Consultancy
What happens if you take sick leave for mental health reasons?
The question of medical confidentiality becomes more nuanced when an employee needs time away from work to receive treatment or recover from a mental health condition.
Under UAE Labour Law, employees requesting sick leave are required to submit appropriate medical documentation confirming the need for their absence.
Yamalova explained that, from an employment law perspective, the key considerations are whether the employee is medically unfit to perform their duties, the expected duration of the absence and when they are likely to resume work.
However, providing evidence of medical unfitness does not necessarily mean an employee must disclose every aspect of their psychiatric treatment.
“The law does not create a general entitlement for employers to demand complete psychiatric records, details of therapy sessions, or a list of prescribed medications simply because the employee has taken sick leave.”
Employees should nevertheless be aware that medical certificates must comply with applicable regulatory requirements, which may determine the information needed to support a sick leave request.
Can mental health be considered in performance reviews or disciplinary proceedings?
An employee’s mental health may also become relevant when workplace performance issues, disciplinary investigations or potential dismissal are involved.
According to Yamalova, such situations often arise not because an employer demands psychiatric information, but because an employee voluntarily shares medical evidence to explain circumstances affecting their work.
“In practice, the situation is often the reverse. An employee who is facing performance concerns, disciplinary action, or possible termination may choose to disclose a medical condition to explain their circumstances.”
For instance, an employee may provide a report from a psychiatrist outlining how a mental health condition influenced their ability to perform certain tasks, fulfil workplace obligations or manage their behaviour.
This information could help clarify the reasons behind an absence, offer context for particular workplace incidents or support a request for the employer to take relevant medical circumstances into account.
“This is why mental health records in UAE employment disputes are frequently presented by employees themselves, as part of their explanation or defense, rather than obtained through demands from employers,” she said.
However, revealing a mental health diagnosis does not automatically exempt an employee from accountability for poor performance or workplace misconduct.
The legal implications depend on the specific facts of the case, how the condition affected the employee’s ability to carry out their responsibilities and the protections available under applicable employment laws.
Employers who receive such medical information must also ensure that it is treated confidentially and handled in accordance with relevant data protection and privacy requirements.
Are some professions subject to mandatory medical disclosure?
Although employees generally have a right to medical privacy, certain occupations are governed by additional health and fitness requirements.
These rules may apply particularly to safety-sensitive roles where an employee’s physical or psychological fitness could have implications for colleagues, customers or the wider public.
Yamalova explained that employers in certain regulated or safety-sensitive professions may have legitimate grounds to require employees to complete medical assessments or obtain certification confirming their fitness to perform specific duties.
“Failure to comply with the required medical assessment or certification process may therefore affect their eligibility to continue performing regulated duties and, depending on the circumstances, their continued employment.”
However, she emphasised that proving an employee is medically fit for a particular role is not the same as granting an employer unrestricted access to their psychiatric records.
Such assessments are generally carried out through established procedures involving authorised healthcare professionals and the relevant regulatory bodies.
“The employer may need confirmation that the employee is medically fit to perform the role, or whether particular restrictions apply. That does not necessarily mean the employer is entitled to receive the employee’s entire psychiatric history.”
Yamalova also stressed that employers have a responsibility to safeguard any medical information they obtain.
Disclosing confidential medical details without authorisation could expose an employer to legal consequences, potentially including criminal liability where the applicable legal conditions are satisfied.
Can employers access therapy or psychiatric treatment claims through company health insurance?
Employees covered by employer-sponsored health insurance may worry that using their benefits for counselling, psychiatric consultations or other mental health treatment could expose sensitive medical information to their company.
However, according to Aoun AlSmadi, CEO of Shory UAE, providing an employee with health insurance does not automatically entitle an employer to view their medical records or treatment history.
Information shared during consultations, including clinical notes and discussions with healthcare professionals, is confidential. Disclosure to an employer generally requires the employee’s consent or another valid legal basis.
“The insurer or claims administrator may need certain information to process or approve a claim, but that does not mean those details are shared with the employer. Employers may receive anonymized claims and utilization reports for managing the company health plan, but should not receive an employee’s identifiable medical information.”
The distinction lies in the different responsibilities of insurers and employers.
While insurance providers and claims administrators may need access to relevant medical details to evaluate claims, authorise treatment or arrange payments, employers generally do not require the same level of information to manage a corporate insurance policy.
“Information such as clinical notes and conversations with a healthcare professional is confidential and cannot be disclosed to employers without the member’s consent. The insurer or claims administrator may need certain information to process or approve a claim, but that does not mean those details are shared with the employer. Employers may receive anonymized claims and utilization reports for managing the company health plan, but should not receive an employee’s identifiable medical information.”
Aoun AlSmadi, CEO of Shory UAE
For example, when an employee visits a psychiatrist or attends therapy using their company health insurance, the healthcare provider may need to share relevant treatment details with the insurer or third-party claims administrator.
This information may be necessary to verify eligibility, assess coverage or approve payment for medical services.
However, the fact that an employer funds the insurance policy does not give human resources departments or line managers unrestricted access to an employee’s psychiatric diagnosis, medical history or treatment records.
“Medical information is confidential and subject to privacy and data protection requirements in the UAE. For an insurance claim, information may need to be shared between the healthcare provider, insurer and claims administrator. Access should be limited to what is needed to manage the treatment or claim,” AlSmadi explained.
Any sharing of personally identifiable medical information with an employer must have an appropriate legal basis, such as the employee’s consent.
The underlying principle is that access to sensitive health information should be restricted to those who genuinely need it for legitimate medical, insurance or legally authorised purposes.
Concerned about your employer finding out? Here’s what you should know
Concerns about medical confidentiality may discourage some employees from using their company-provided health insurance to seek therapy or psychiatric treatment.
However, Aoun AlSmadi, CEO of Shory UAE, advised employees not to delay or avoid seeking mental health support simply because they assume their employer will be informed.
“I would encourage people not to avoid seeking help based on an assumption about how their insurance works. Seeking mental health treatment through your insurance does not mean your employer will be told about your diagnosis, treatment or conversations with your healthcare provider.”
Employees who have questions about confidentiality can contact their health insurer or insurance broker before beginning treatment to understand their coverage and how sensitive medical information is managed.
AlSmadi recommended clarifying three important aspects of their insurance policy:
- Mental health benefits: Check whether the policy covers appointments with psychologists, psychiatrists and other mental health specialists.
- Prior approval: Find out whether the insurer requires pre-authorisation before consultations or treatment can begin.
- Medical information sharing: Ask what personal medical or claims information, if any, could be disclosed to the employer and the circumstances in which this may occur.
In general, access to an employee’s medical information is limited to healthcare providers, insurance companies and claims administrators when it is necessary to arrange treatment, assess coverage or process claims.
Understanding these safeguards can help employees make informed decisions about seeking mental health support while protecting their medical privacy.
