UAE Labour Law Section 9 - Sick Leave

Full text of Article 9 of the UAE Labour Law

  • Gulf News
  • Published: 18:56 July 11, 2013

IX. SICK LEAVE

1. Is the employee entitled to sick leave?

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

The employee will not be entitled for any sick leave during the probation period.

After a period of three months continuous service following the probation period, the employee is entitled to:

Full wage for the first 15 days.
Half wage for the next 30 days.
Any following period will be without wage.
However, if the employee's illness is directly caused by his misconduct, he is not entitled to any wage during the sick leave.

2. Can the employee resign from employment during the sick leave?

The employee may resign from employment during the sick leave and before the completion of 45 days specified by law, provided the cause of resignation was approved by a government physician. In this situation, the employer must pay the employee who resigned, all the wages of which he is entitled for until the end of the 45 days referred to above.

3. Can the employer terminate the employee from service during his sick or annual leave?

The employer may not terminate the employee from service during his sick leave or during his 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 come back to work. In such a case the employee will be entitled for his full gratuity and end of service entitlement according to this law.

Further, the employee will not be entitled to wages for the days that he has not reported to work after the end of his leave. This will not prejudice the rights of the employer to terminate the employees contract if he fails to report back to work within 7 consecutive days from the date on which he was due back.

4. Is going to Haj for pilgrimage considered part of the annual leave?.

The employer must give the employee once during his employment a special leave without pay to go for Haj ( pilgrimage) which should not exceed 30 days. This 30 days will not be part of the employee's annual leave or any other leave for which he is entitled.

5. Maternity leave entitlement

A working woman shall be entitled for 45 days maternity leave with full pay to include the period before and after the delivery, provided she has served continuously for not less than one year. The maternity leave shall be granted with half pay if the woman has not completed one year.

At the end of the maternity leave, a working woman has a right to extend her maternity leave for a maximum of 100 days without pay. This unpaid leave can be continuous or interrupted if the interruption is caused by illness which prevents her from coming to work. The illness must be confirmed by a certified government physician licensed by the competent health authority.

Maternity leave in either of the above cases shall not be deducted from any other leave for which the woman employee is entitled.

During the 18th months following the delivery, the working woman, who fosters her child has the right to have two daily intervals which do not exceed half an hour each for the purpose of nursing her child. Those two additional intervals shall be considered part of the working hours and no deduction in wages shall be made.