How long is the sick leave that can be taken in the United Arab Emirates?
What provisions does the legislation of the UAE provide for employees who need to take time off due to illness?
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The next national holiday in the United Arab Emirates (UAE) will be Eid al-Adha, and it will take place between June 27 and June 30 of this year. Employees in the UAE are already looking forward to the next vacation.
Even while workers all around the country may look forward to statutory holidays, there are times when additional time off is required to accommodate certain circumstances.
The legislation of the UAE protects workers who become unwell and are unable to do their jobs. In certain cases, workers do not need to utilise their yearly leave allotment in order to take time off.
UAE sick leave rules
Workers have the legal right to take one week of fully paid leave each year to:
30 days, provided that they have served for a total of one year.
2 days every month, provided that they have finished their service for a total of six months but less than a year.
If the employee's employment is terminated before he has used all his accumulated yearly leave, the employee will be compensated with leave equal to the prorated amount of the remaining year of service.
Only after the completion of the employee's probationary term is he or she eligible for sick leave, which is limited to a maximum of ninety days per year.
The sick leave of up to ninety days can be taken in chunks or continuously, and the employee's income will be paid out as follows:
- Complete payment for the first 15 days worked; - Half pay for the next 30 days; - No payment for the remaining 45 days worked
The employee may be eligible for unpaid sick leave during the probationary term, but the employer must provide their consent for the absence, and it must be supported by a medical report that was given by a medical body that specifies the necessity of the leave.
These requirements are not applicable to sick leave that is taken due to an occupational sickness because of the prerequisites that must be met beforehand.
The following are examples of circumstances in which an employee is not entitled for paid sick leave:
During the time when we are on probation
If the worker's actions, such as drinking alcohol or using drugs, were the direct cause of the disease, then the employer is responsible for compensating the worker.
If the worker disobeyed the safety instructions in accordance with the laws that are now in place in the UAE and the rules that are outlined in the company's regulations, which the worker was aware of, then the worker would be disciplined.
Notifying your employer of your need for time off due to illness
According to Article 31 of the UAE Labour Law, an employee has a maximum of three days to inform his employer about his illness and provide a medical report on his health that has been given by a medical organisation. In addition, the employee is required to submit this report together with the notification.
Is it permissible to fire an employee due to their health condition?
While an employee is absent from work due to illness, the employer is not permitted to fire the employee or provide him with a notice of termination.
In the event that the worker uses up all of his available sick leave of ninety days and is afterwards unable to return to work, the employer reserves the right to terminate the worker's employment.
In this scenario, the worker is eligible to receive the end-of-service benefits specified under the requirements of the legislation governing employment in line with those provisions.
