Sick Leave or Medical Leave in UAE Labour Law
Table of Contents
- Sick Leave or Medical Leave in UAE Labour Law
- Listen to Emirates Diary Podcast on Sick Leave
- When should employee inform about Sick Leave?
- Can you take Sick Leave during probation? How many sick leaves can I take in a year?
- When are you not entitled for Sick Leave?
- What can cause termination after sick leave?
- Can you resign during the sick leave?
- What are the provisions for Hajj Leave / Umrah Leave?
- Can you work for another employer during sick leave?
- What happens if you do not report to work after sick leave?
- Can a company terminate employee during sick leave?
- Sick Leave Certificate
- What if you fall sick during Annual Holidays?
- What if you fall sick during Public Holidays?
Anyone can fall sick at any unexpected time. Many companies have different policies on what proof is required to avail sick leave pay. However, UAE Labour Law specifically lays out several Articles within the Labour Law.
UAE Labour Law provides clear provisions for sick leave for employees working.
When should employee inform about Sick Leave?
As per Article (82)-The employee must report to the employer any injuries or illnesses preventing him from working within a maximum period of two days.
Can you take Sick Leave during probation? How many sick leaves can I take in a year?
As per the Article (83) – The employee is not entitled to any paid sick leave during the probation period. However, if an employee spends over three months after completion of the probationary period, the employee is entitled to sick leave not more than 90 days either continuous or intermittent per each year of service, computed as below:
- Full pay for the first 15 days
- Half pay for the next 30 days
- No pay for any following period
It should be noted that the employee should provide evidence of his illness warranting sick leave by an official medical certificate.
When are you not entitled for Sick Leave?
As per the Article (84)- If the employee’s illness is directly caused by his misbehavior such as consumption of alcohol or narcotics he is not entitled to any wages during the sick leave.
What can cause termination after sick leave?
As per the Article (85), The employer may terminate the service of an employee who fails to resume his duties at the end of such leave as stipulated in Article (82), 83), and (84) hereof, in such case employee shall be entitled to his gratuity in accordance with the provision of UAE Labour Law.
Can you resign during the sick leave?
As per Article (86)-The employee may resign from employment during the sick leave period and before the completion of 45 days specified by law, provided the reason of resignation is approved by a physician or Government Medical Officer. In this situation, the employer must pay the employee all the wages he is entitled to, until the end of the 45 days referred to above.
What are the provisions for Hajj Leave / Umrah Leave?
As per the Article (87)- A special leave without pay may be granted for the performance of pilgrimage to the employee once throughout his service and shall not be counted among other leaves and may not exceed 30 days. Note that the Hajj pilgrimage leave is without pay as per UAE Labour Law; but I have seen companies paying employees during the Hajj Leave.
Can you work for another employer during sick leave?
As per the Article (88)-During the annual leave or sick leave provided for hereunder, the employee may not work for another Employer; however, if the employer has established that the employee has done this, he shall have the right to terminate the service of employee without notice, and to deprive him of the leave pay due to him.
What happens if you do not report to work after sick leave?
As per the Article (89) -Subject to the provisions herein contained, every employee who does not report to duty immediately after expiry of his vacation, he shall be deprived of his pay for the period of absence commencing from the day following to the date on which the leave has expired.
Can a company terminate employee during sick leave?
As per the Article (90)- Without prejudice to cases where the employer has the right to dismiss the employee without notice or gratuity as prescribed herein, the employer may not dismiss an employee or serve him with a notice of dismissal during his leave as is provided for in this Section.
The employer may not dismiss an employee from service during his sick leave or annual leave. During this period any notice for termination will be considered null and void.
However, the employer is entitled to terminate the employment contract if the employee has exhausted his full sick leave and is not fit to return to work. In such cases, the employee will be entitled to his full gratuity and end of service entitlement in accordance with the Law.
Furthermore, the employee will not be entitled to wages for the days that he has not reported to work after the end of his leave (whether sick leave or annual leave). This will not prejudice the rights of the employer to terminate the employee’s contract if the employee fails to report back to work within seven consecutive days from the date he was due back.
However, in cases of a persistent or chronic medical condition or the need for long-term treatment, an employee may apply for an extended sick leave of up to six months, which will be granted if authorized by the Civil Service Medical Committee, on the basis of an assessment conducted by the Committee itself. Thereafter, the six month period of sick leave can be extended for a further six months, on the same basis. Under applicable rules, civil servants are entitled to full pay while on sick leave.
Sick Leave Certificate
As per the New DHA rule, Dubai Employees in Dubai’s private and public sectors must pay Dh60 to get a sick leave certificate which will help to prevent abuse of sick leave provisions and protecting employers from work day losses.
What if you fall sick during Annual Holidays?
If you fall sick during annual holidays and if you have a sick leave certificate from concerned Authorities, then the sick leave can be considered. However, if you do not have acceptable proof of your illness, your company may not accept the sick leave application.
What if you fall sick during Public Holidays?
Similar to being sick during annual leaves, if you are sick during public holidays, you should produce sick leave certificate acceptable to your company.
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