Dubai: If you have been feeling under the weather and are confused about what your rights are when it comes to applying for a sick leave as an employee in the UAE, here is all you need to know about what the UAE Labour Law says on the issue.
While the novel coronavirus has raised the stakes for every member of the community to practise extra caution in staying home, especially when feeling sick, it is also important to know when and how you can apply for a sick leave in the UAE. Whether it is for a seasonal flu, a recurring back pain or a surgical procedure, you would need to speak with your company’s human resources (HR) department as well as your family doctor to find out what your medical needs are and the time you need to take off from work.
Knowing the law as well as the process for taking medical time off from work can help make the process of recovering from your illness and returning to work easier. Here is your complete guide to sick leaves in the UAE.
Eligibility for a sick leave (paid and unpaid)
An employee is entitled to a sick leave of not more than 90 days per year, only after a period of three months’ continuous service following the probation period.
The 90 days sick leave can be continuous or intermittent, and the salary is paid as follows:
• full pay for the first 15 days
• half pay for the next 30 days
• no pay for the rest 45 days.
Note: The above provisions are subject to conditions and do not apply on sick leave because of occupational illness.
How to apply for a sick leave
If you fall ill, it is important to speak to your manager and your company’s human resources department to find out what your company policy is on the need for medical certificates. While some companies allow workers to take a day off without providing a doctor’s certificate, if it is just one day’s medical leave, others may require it for any leave taken for medical purposes.
Dr Fawad Qasim, general practitioner at Dubai-based Right Health Clinics, spoke about how the process is followed by physicians across the UAE.
“When a patient comes to us, we diagnose their condition and if they need rest, we advise them about the sick leave certificate. In Dubai, doctors have access to the Dubai Health Authority (DHA) portal. We have to put all the patient’s details, the diagnosis, the number of days of sick leave recommended by the doctor, along with the specific dates for the leave period. Once the details have been entered, we review the form and generate the sick leave and sign it,” Dr Qasim said.
He added that the process is similar across the UAE, with the only difference being the portal that the doctor accesses.
When a patient comes to us, we diagnose their condition and if they need rest, we advise them about the sick leave certificate. In Dubai, doctors have access to the Dubai Health Authority (DHA) portal. We have to put all the patient’s details, the diagnosis, the number of days of sick leave recommended by the doctor, along with the specific dates for the leave period. Once the details have been entered, we review the form and generate the sick leave and sign it.
“In Abu Dhabi, it is the Abu Dhabi Department of Health (DOH) and in other emirates it is the Ministry of Health and Prevention’s (MOHAP) portal,” he said.
Dr Qasim added that while the sick leave provision has been streamlined and is for the benefit of the workers, employees should not use it as a tool to avoid work.
Ineligibility for a paid sick leave
The employee is ineligible for a paid sick leave in the following situations:
• during the probation period
• if the illness directly arises from the misconduct of the worker, such as the consumption of alcohol or narcotics
• if the employee works for another employer during the sick leave.
Can an employee be terminated on grounds of sickness?
An employer may not dismiss an employee or give him a termination notice while the employee is on sick leave. If the employee uses all of his 90 days’ sick leave and was not able to report to work afterwards, the employer may terminate his services. In such a case, the employee shall be entitled to the end of service gratuity in accordance with the provisions of the Labour law.
Can an employee resign during sick leave?
An employee can resign from work because of illness and before the expiry of the first 45 days of the sick leaves, if the physician from the respective health facility or the physician appointed by the employer consents to the cause of resignation. In such a case, the employer must pay to the resigned employee the wage that is due to him with regard to the remainder of the first 45 days.
The UAE Labour Law
As stated above, Articles 82 to 86 of Title Four of the UAE Labour Law deal specifically with the issue of sick leave. These legislations include who is eligible for a sick leave, how it should be applied for and what the maximum duration of a sick leave may be.
Article 82
Should the worker sustain an illness not caused by an occupational injury, he must notify the employer thereof within two days at most. The employer shall take the necessary procedures to expose the worker to a medical examination immediately in order to verify the illness thereof.
Article 83
As amended by Federal Law no. 12 dated 29/10/1986 :
1 - The worker shall not be entitled to any paid sick leave during the probation period.
2 - Should the worker spend more than three months 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, calculated as follows:
a - The first fifteen days with full pay.
b - The following thirty days with half pay.
c - The following periods without pay.
Article 84
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.
Article 85
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.
Article 86
Should the worker resign from service by reason of illness before the expiry of the first 45 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 45 days referred to hereinabove.
- Information courtesy government.ae
