Employee entitled to 90 days of sick leave 3 months after probation in UAE

Legal UAE

Employee entitled to 90 days of sick leave 3 months after probation in UAE

I am employed by a private company in the emirate of Dubai under an employment contract of unlimited duration. I have completed four years of service with my employer and have been diagnosed with a serious illness. This will require me to take a long leave on medical grounds.

Answer:

An employee can avail up to 90 sick leaves in a year and will be paid complete remuneration for the first 15 days of sick leave, half of the remuneration for next 30 days and thereafter 45 days without remuneration. This is in accordance with Article 83 (2) of the Federal Law No. 8 of 1980 regulating Employment Relations in the UAE (the 'Employment Law'). It states, "If the employee completed more than three months after the probation period in the continuous service of the employer and falls ill, he shall be entitled to sick leave not exceeding 90 days whether continuous or otherwise, in respect of every year of service. Such leave shall be calculated as follows:

a) The first 15 days with full pay;

b) The next 30 days, with half pay;

c) Any subsequent periods, without pay."

Further, the employer may terminate your employment upon completion of 90 days of sick leave if you are not able to resume your work. This is in accordance with Article 85 of the Employment Law, which states, "An employer may terminate the service of an employee after the period of sick leave provided for in Articles 82, 83 and 84 of this Law if employee is unable to resume his work within that period; in this case the employee shall be entitled to an indemnity in accordance with the provisions of this Law."

Know the law
If an employee has completed more than three months after the probation period in the continuous service of the employer and falls ill, he shall be entitled to sick leave not exceeding 90 days whether continuous or otherwise, in respect of every year of service

Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom, Singapore, and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: [email protected] or send them to Legal View, Khaleej Times, PO Box 11243, Dubai

Source: khaleejtimes