Mental health and workplace privacy: What UAE employees need to know

Dubai: If you are seeing a therapist, taking psychiatric medication or seeking treatment for a mental health condition, does your employer have a right to know?

Under UAE law, employees' medical information is generally private. However, certain situations, such as sick leave, workplace performance concerns or medical fitness requirements, may require disclosure.

Concerns also extend to company-provided health insurance. Can employers find out if an employee uses their insurance for therapy or psychiatric treatment?

Legal and insurance experts explain what employers can ask, what information remains confidential and when disclosure may be required.

According to Ludmila Yamalova, Ludmila Yamalova, Founder and Managing Partner of HPL Yamalova & Plewka FZCO, employees' psychiatric diagnoses, therapy sessions, medication and medical histories are generally private matters.

“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 ordinary employment situations, employees are generally not legally required to disclose a psychiatric diagnosis, ongoing therapy or treatment simply because their employer asks. However, employers can raise legitimate concerns about attendance, performance, workplace conduct or an employee's ability to carry out their duties.

“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 work performance deteriorates, their manager can address the issue and expect them to meet their professional responsibilities.

But this does not automatically give the employer the right to ask whether the employee is seeing a psychiatrist, attending therapy or taking psychiatric medication.

The situation becomes more complex when an employee needs time off because of a mental health condition.

Under UAE Labour Law, employees taking sick leave must provide appropriate medical documentation supporting their absence.

Yamalova explained that, from an employment perspective, the relevant questions are whether the employee is medically unable to work, how long the absence is expected to last and when they may return.

“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.”

However, employees should understand that medical certificates are subject to specific regulatory requirements.

Mental health information can also become relevant when an employee is facing performance concerns, disciplinary proceedings or possible termination.

However, Yamalova said that, in practice, it is often employees themselves who choose to disclose their condition to explain their circumstances.

“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 example, an employee might submit a psychiatrist's report explaining how a mental health condition affected their ability to work, meet certain responsibilities or behave as they normally would.

Such documentation may help explain an absence, provide context for particular conduct or support a request for the employer to consider the employee's circumstances.

“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, disclosing a medical condition does not automatically excuse poor performance or misconduct.

Its legal significance depends on the individual circumstances, the impact of the condition on the employee's duties and the employment protections that apply.

Once an employer receives medical information, it must also be handled confidentially and in accordance with applicable privacy requirements.

While medical privacy is generally protected, some professions are subject to specific fitness requirements, particularly when an employee's physical or psychological condition could affect the safety of others.

Yamalova explained that employers in such circumstances may legitimately require employees to undergo medical assessments or obtain appropriate fitness certification.

“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.”

She stressed that there is a distinction between demonstrating medical fitness for a role and surrendering access to an entire psychiatric history.

These assessments are generally conducted through established procedures involving authorised medical professionals and relevant regulatory authorities.

“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 added that employers must protect the confidentiality of medical information they receive. Unauthorised disclosure may result in legal liability, including criminal liability where the relevant legal requirements are met.

For employees who receive health insurance through their company, another concern is whether seeking mental health treatment could reveal their diagnosis to their employer.

According to Aoun AlSmadi, CEO of Shory UAE, having employer-provided health insurance does not automatically give a company access to an employee's medical records.

Clinical notes and conversations with healthcare professionals are confidential and cannot be disclosed to employers without the member's consent, although other appropriate legal grounds for disclosure may apply.

“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.”

This means there is an important distinction between the information an insurer needs to process treatment claims and the information an employer may receive to administer its corporate health insurance plan.

For instance, a healthcare provider, insurer or third-party administrator may need relevant medical information to assess a claim or approve treatment.

However, paying for an employee's health insurance does not give HR teams or managers unrestricted access to their diagnosis, treatment history or medical 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 disclosure of identifiable medical information to an employer would require an appropriate legal basis, such as the employee's consent.

Some employees may hesitate to use their health insurance for mental health treatment because they are concerned about confidentiality.

However, AlSmadi advised against avoiding treatment based solely on assumptions about what employers can access.

“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 are concerned about privacy can contact their insurer or insurance broker before beginning treatment to clarify how their medical information will be handled.

AlSmadi recommended checking three things:

Medical information is generally accessed by healthcare providers, insurers and claims administrators where necessary to provide treatment or process insurance claims.