Can Your Employer Deny Your Leave Salary During an Extended Medical Leave?

An employer can deny your sick leave Opens in a new tab.compensation, if you have committed a violation and even terminate your contract if you have extended your medical leave.

The employer may dismiss the worker if he/she fails to report to work, after exhausting their sick leave referred to in this article, and the worker shall reserve all his/her entitlements pursuant to the provisions of this Decree-Law and its Executive Regulations.

Here are the circumstances under the labour law where an employer can deny your sick leave:

  1. Drug or alcohol abuse, subject to submission of a report from the concerned authorities of the UAE to prove that the illness resulted from the misconduct.
  2. Violation of the safety regulations in accordance with the legislation in force in the UAE.

A worker who suffers from a disease that is not caused by a work injury, he or she shall inform the employer or the employer’s representative of the illness, within a period not exceeding three working days, and submit a medical report on his or her condition issued by a medical entity (any federal or local government health entity or any private health establishment licensed to provide health services in the UAE).”

Depending on the length of your medical leave the leave is calculated . The Labour Law further provides that a worker is entitled to sick leave of not more than ninety consecutive or intermittent days per year, subject to the calculation as follows:

a) The first fifteen days with full-pay.

b) the following thirty days with half-pay.

c) the subsequent period without pay.

If the employee’s illness is directly caused by his misconduct according to cases determined by the Executive Regulations of this Decree-Law he or she is not entitled to any wages during the sick leave.

Deena

Human Resource professional and writer.

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