Sick leave is a critical part of any employment framework, as it allows employees to take time off when they are unwell, ensuring they don’t compromise their health or the workplace. The UAE labor law has clearly defined rules around sick leave, ensuring that employees are granted time off when needed while maintaining workplace efficiency. This article will outline the number of consecutive days an employee can take sick leave in the UAE, as well as the procedures and rules governing this leave.
Sick Leave Entitlement in the UAE
Under the UAE Labor Law (Federal Law No. 33 of 2021), an employee is entitled to sick leave after completing their probation period. Sick leave can be taken consecutively or intermittently, depending on the medical condition and the duration prescribed by a medical professional.
An employee can take up to 90 days of sick leave in a year. These 90 days are divided into three phases:
- First 15 days: Full pay.
- Next 30 days: Half pay.
- Subsequent 45 days: Unpaid leave.
Conditions for Availing Sick Leave
- Completion of Probation: Employees are eligible for sick leave only after completing the probation period, which typically lasts between 3 to 6 months, depending on the company’s policy.
- Medical Certificate: To be eligible for paid sick leave, the employee must provide a medical certificate issued by a recognized medical institution in the UAE. The certificate must clearly state the medical condition and the required recovery time.
- Notification: The employee is required to notify their employer of their illness as soon as possible, ideally within 48 hours of falling sick, and provide the necessary medical documentation.
How Sick Leave is Calculated
Sick leave is calculated based on a 12-month period and resets after that year is completed. If an employee falls sick again within the same year, any previously taken sick days will be deducted from their remaining entitlement.
Rules on Consecutive Sick Leave
An employee can take sick leave consecutively, depending on the severity of the illness and the recommendation of a medical professional. For example, if an employee is diagnosed with a serious illness requiring prolonged treatment, they can utilize their full 90-day entitlement in one stretch.
It’s important to note that the employer has the right to verify the authenticity of the sick leave. They can request the employee to undergo a medical check-up with a doctor from a government or company-approved medical institution.
Sick Leave and Termination
Employers are prohibited from terminating an employee during their sick leave, as long as the leave falls within the legal limits of 90 days per year. However, if the employee exceeds the 90-day period and is still unable to return to work, the employer has the right to terminate the employee without additional compensation, provided all legal procedures are followed.
FAQs About Sick Leave in the UAE
Q: Can an employee take sick leave during their probation period?
A: No, employees are not entitled to sick leave during their probation period. However, an employer may grant unpaid leave during this time at their discretion.
Q: How many days of sick leave are paid at full salary?
A: The first 15 days of sick leave are paid at full salary, provided the employee has completed their probation period and provides a valid medical certificate.
Q: What happens if an employee exceeds their 90-day sick leave entitlement?
A: If an employee exceeds the 90-day sick leave entitlement within a year, the employer can terminate the employee, but they must follow the legal procedures outlined in UAE labor law.
Q: Can employers request a second medical opinion during sick leave?
A: Yes, employers have the right to request a second medical opinion from a doctor of their choosing to verify the legitimacy of the employee’s sick leave.
Q: Is the employee’s job secure during sick leave?
A: Yes, employees cannot be terminated while on sick leave, as long as they are within the 90-day limit set by the law.
Q: Can sick leave be carried forward to the next year?
A: No, sick leave is calculated based on a 12-month period and cannot be carried forward to the next year. The entitlement resets at the start of a new year.
In conclusion, the UAE labor law provides fair and clear guidelines for sick leave, ensuring employees are granted time off to recover from illness without the risk of losing their jobs. Understanding the rules around consecutive sick leave, entitlements, and employer rights will help both employers and employees navigate this critical aspect of workplace health and safety.
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