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Monday, June 10, 2024

Everything You Need to Know About Sick Leaves Under UAE’s Labour Law

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The law in UAE is quite clear when it comes to unforeseen circumstances. Be it the triggering of the force majeure clause under the ongoing current scenario or safeguarding the rights of employees. Everything you need to secure as a resident is completely covered and protected under UAE’s law. Today we are going to throw some light over a prevailing issue that the majority of employees have to face i.e. sick leaves. We’re going to discuss cases of both paid and unpaid sick leave and what the labour law says about it.

We might feel under the weather sometimes. And coming to the office feeling that way is indeed a cumbersome task. Anyone can get sick. However, you should know about your rights when applying for a sick leave.. 

Here’s everything you need to know about the sick leaves under the UAE’s labour law.

Sick Leave Under UAE’s Labour Law

The labour law of the UAE, clearly states the number of sick leaves that an employee can avail if they are seriously ill and not in the condition to work. As per the labour law, any employee that has completed their probation period of 3 months can avail of sick leave and apply for it. the law allows an employee to take up to a maximum 90 days off as sick leaves which are:

·       The first 15 days of sick leave will be fully paid.

·       The following 30 days will be given half pay.

·       However, the next 45 days are unpaid

The above-mentioned conditions don’t apply in case of occupational sick leaves.

Who is Eligible to Apply for Paid Sick Leaves?

Only regular employees can apply for paid sick leaves. Those employees who are still completing their probation period are not entitled to avail paid sick leaves. Nevertheless, they can take unpaid sick leaves if they happen to be sick. Moreover, an employee cannot take paid sick leaves when his medical condition is because of his misconduct i.e. addiction. Likewise, an employee’s paid leave will immediately cancel if they’re found working for another company during the duration of their sick leaves.

Procedure to Apply for Sick Leave

Whenever you want to apply for sick leave it’s important that you must inform your concerned superior about it beforehand. As per Article 82 of the labour law, it’s mandatory for the employees to inform their employer in case of sickness within two days. Additionally, the employer has the right to verify whether their employee is genuinely ill or not.

As per the rules of the Dubai Health Authority (DHA), the health practitioners in Dubai need to upload a patient’s diagnosis on the DHA portal. Similarly, they also have to upload details regarding the number of leaves they have recommended to the patient. After entering the data, doctors have to generate the form for sick leave and sign it.

Although the procedure is the same throughout the UAE, the concerned authorities change from emirate to emirate.  

Is it Possible for the Employer to Terminate an Employee on Medical Grounds?

An employer can never terminate their employees on medical grounds. Unless or until they aren’t able to rejoin work after availing their 90 days of sick leave. In the before mentioned scenario, an employer can terminate the work contract of their worker. However, the employee will be given end of service gratuity in accordance with the labour laws of UAE. Consequently, they’ll be able to fully reap the UAE labour law termination benefits from their employer.

Moreover, one thing worth mentioning here is, no employer can give notice to their employee while they’re on sick leave.

Can an Employee Resign While on Sick Leave?

An employee has the right to resign from work if he’s not able to continue work. But they have to resign during the first 45 days of their leaves. Furthermore, if the doctors give consent to the cause of resignation being their illness then has to pay the due wage of the employee.

Articles of the UAE Labour Law Dealing with Sick Leaves

It is essential that every employee must be aware about their legal rights that are given to them under the labour law of UAE. The Articles 82 to 86 deals with all the matters pertaining to the sick leaves that an employee can avail.

These are some of the basic rights that every employee must know.

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