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Sick Leave as per UAE Labor Law 2024
Employee working in private company has also right to get sick leave with paid amount as per the Ministry of Human resources and Emiratisation.
Many companies have different rules related to the proof of sick but everyone has to follow the law of UAE.
UAE labor law has clear guideline for the employers to provide the sick leave to their employees' accordance to the federal labor law UAE.
Sick leave during probation period
The worker shall not be entitled to any paid sick leave during the probation period.
Should the worker spend more than three month after the end of the probation period in the continuous service of the employer and contracted an illness , he shall be entitled to a sick leave not exceeding 90 consecutive or non consecutive days for every year of service.
As per the federal Law article no 83,
- The worker is not entitled any paid sick during his probation period (Six months from joining)
- When the worker complete three months after the probation period, the worker is entitled a maximum of 90
days sick leave within a year and it will be calculated as below:
- First 15 days will be fully paid.
- Following Thirty days with half salary paid.
- The remains days will be without pay.
Sickness: consumption of alcohol and narcotics
The worker shall not be entitled to the wage during the sick leave should the illness directly arise from the ill behavior of the worker such as the consumption of alcohols or narcotics .
As per the article 84 it I stated that if the worker is sick because of consumption of alcohol or narcotics, he is not entitled any paid sick leave.
Reason of termination after sick leave
The employer may terminate the service of the worker subsequent to the exhaustion thereby of the sick leaves set forth in Articles 82,83 and 84 hereof , should he not be able to report back to his work . In such case , the worker shall be entitled to the end of service gratuity in accordance with the provisions hereof.
As per the article 85 the employer can termination you from your duties if you will not be able to resume your duties after the sick leave.
Resignation during the sick leave
Should the worker resign from service by reason of illness before the expiry of the first forty five days of the sick leaves , and the governmental physician or the physician appointed by the employer consents to the cause of resignation , the employer must pay to the resigning worker the wage due to him with regards to the remainder of the first forty five days referred to hereinabove .
As per the article 86 the employee can resign from his work during the sick leave period
and before the completion of 45 days if the he can provide the valid reason of resignation approved by the
physician or the Government Medical officer.
In this situation the employer must pay all his wages he is
entitled to.
Provision for haj and umrah leave
The worker shall be granted for the entire duration of his employment and for one time a special leave without pay for the pilgrimage . Such leave shall not be included in the other leaves and may not exceed thirty days.
As per the article 87 of federal labor law of UAE the worker is entitled to a special leave in his entire employment without pay for his Pilgrimage. This leave should not include in other leave and this is for maximum 30 days.
Work for another employer during sick leave
During the annual or sick leave set forth in the present Chapter , the worker may not work for another employer . Should the employer establishes such action , he shall be entitled to terminate the employment of the worker without notice and to deprive him of his wage for the duration of the leave .
As per the article 88 of federal law during the annual or sick leave, work for another employer is not allowed. In such case the employer has the right to terminate the employee from his all duties and the employee is not entitled to get any wages for the period of sick leave.
What if you dont report after sick leave?
Subject to the provisions set forth herein , every worker who does not report back directly to his job upon the end of his leave shall be deprived of the wage thereof for the period of his absence as of the day that follows the end of the leave.
As per the article 89 if the employee don't report on duty immediately after his sick leave , he shall be deprived of his pay for the period of his absence from the day following to the date on which the leave has expired.
Can employee be terminated during sick leave?
Without prejudice to the cases in which the employer is entitled to dismiss the worker without notice or gratuity set forth herein , the employer may not dismiss the worker or give him a notice thereof while the worker is on a leave set forth in the present Chapter.
As per the article 90 the employer may not dismiss the employee or issue him a notice of dismissal during his sick leave or annual leave.
The employer can terminate the employee with immediate effect in case where the employee doesn't report on his duty after the sick leave period.
Extension of sick leave in UAE
In case of persistent or chronic medical condition the employee can request for the extension of sick leave which can be granted by the employer for the six months after the previous sick leave expiration. The authorization from Civil service medical committee is required.
I hope the above article helped you a lot to know about the sick leave law in UAE
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