Sick Leave-UAE Labour Law

 
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Is the employee entitled to sick leave?


The employee must report to the employer any injuries or illnesses preventing him from working within a maximum period of two days.

The employee is not entitled to any paid sick leave during the probation period. However, after a period of three months continuous service following the probation period, the employee is entitled to sick leave (continuous or intermittent) wages as follows:

(1) Full wage for the first 15 days.
(2) Half wage for the next 30 days.
(3) Any following period will be without wage.

However, if the employee's illness is directly caused by his misconduct (for example by excessive drinking), he is not entitled to any wages during the sick leave.
It should be noted that the employee should provide evidence of his illness warranting sick leave by an official medical certificate.

Can the employee resign from employment during the sick leave period?
The employee may resign from employment during the sick leave period and before the completion of 45 days specified by law, provided the reason of resignation is approved by a physician. In this situation, the employer must pay the employee all the wages he is entitled to, until the end of the 45 days referred to above.

Can the employer dismiss an employee from service during his sick or annual leave?
The employer may not dismiss an employee from service during his sick leave or annual leave. During this period any notice for termination will be considered null and void.
However, the employer is entitled to terminate the employment contract if the employee has exhausted his full sick leave and is not fit to return to work. In such cases, the employee will be entitled to his full gratuity and end of service entitlement in accordance with the Law.
Furthermore, the employee will not be entitled to wages for the days that he has not reported to work after the end of his leave (whether sick leave or annual leave). This will not prejudice the rights of the employer to terminate the employee's contract if the employee fails to report back to work within seven consecutive days from the date he was due back.

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