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.
Notifying your employer of a sick leave
According to Article 82 of the UAE Labour Law, as amended, the employee must notify the employer about his sickness within maximum two days. The employer has the right to put the employee under a medical examination in order to verify the illness, and the authenticity of the employee’s leave.
The employer is entitled to request the employee to present a medical report, which justifies the employee’s absence and the calculation of the entitlement of the pay.
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.
Read more on leaves according to UAE Labour Law.
Updated on 31 Aug 2020