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Sick Leave During Probation for Employees

Entitlement of Sick Leave During Probation for Employees in UAE

UAE companies have different policies on what proof is required to avail of sick leave pay. However, the UAE Labour Law specifically lays out the rights of employees for sick leave pay, particularly in section 9 of UAE Labor Law, which discusses sick leave entitlements and rights of employees in the country.

The UAE labor law states that if an employee (who is under probation) has spent three months in continuous service for an employer, he is entitled to sick leave, and the duration of leave should not exceed 90 days.

If an employee has completed more than three months after the completion of the probation period of the employer and falls ill, he shall be entitled to sick leave not exceeding 90 days for every year of service.

As per the aforementioned law, the employee should be paid:

  • The full salary for the first 15 days,
  • half salary for the following 30 days and
  • without salary for the remaining 45 days

UAE law on resignation during sick leave

An employee who resigns from his employment due to illness before the lapse of the first 45 days from the total 90 days of sick leave is entitled for salary to be paid by the employer provided that a medical practitioner certifies that the resignation is due to illness.

UAE law on termination of the employee during sick leave

  • As per UAE labor law, an employer does not have the right to dismiss an employee from service during his sick leave or annual leave. Any notice during this period for the termination will be considered null and void.
  • An employer may terminate an employee who is unable to report back after his sick leave. In this case, the worker may be entitled to end-of-service pay.
  • An employer may terminate an employee if the proof of absconding is provided.
  • If the employee is found to be working for another employer during sick leave, the original employer may terminate without notice and withhold the salary for the duration of the leave.
  • 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 it is 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.

As per the policy set by Dubai Health Authority (DHA), Dubai employees in the private and public sectors must get a sick leave certificate which will help to prevent employers from workday losses.

If an employer breaches the contract with the employee without notifying them, then the employee has the right to file a complaint before the Ministry of Labor in the event wherein the employee and employer are unable to reach an amicable solution. An employee can claim compensation from the employer for breaching the employment contract.

Leave During Notice Period is Not Possible

If an employee is pregnant while she is on maternity leave and the employer terminates her employment, then she can file a complaint before the Ministry of labor for breaching of contract.

When it comes to issues pertaining to UAE labor and employment, it is important to get legal advice and assistance from an experienced labor lawyer in the UAE. At HHS lawyers, our lawyers and legal consultants specialize in labor and employment matters, and they are experienced professionals who have dealt with all kinds of problems. If you have questions, don’t hesitate to contact us today as we provide a consultation!

When should an employee inform about sick leave?

The employee must report to the employer for any injuries or illness that is preventing from continuing to provide service within a maximum period of two days.

What happens if you do not report to work after sick leave?

Any employee who does not report to duty immediately after the expiry of the sick leave shall be deprived of the pay for the period of absence commencing from the day following the date on which the leave has expired.

What if you fall sick during Public Holidays?

Similar to being sick during annual leaves, if you are sick during a public holiday, you should produce a sick leave certificate in order for an employer to accept the application.

Is there a possibility for sick leave to be denied?

If an employee will request sick leave for qualifying reasons that are under the sick leave provisions in UAE law, an employee generally can’t deny the request for sick leave. An employer is limited by UAE sick leave law provisions as to when a medical certificate is requested to substantiate the necessity for sick leave.