The Sick Leave in UAE Labor Law Mohamed Al Marzooqi Advocates and Consultancy is a leading Abu Dhabi Law Firm of Advocates and Legal Consultants. It is licensed to practice before courts in the UAE. Amongst its partners and staff are some of the most experienced and longstanding practitioners of UAE Law. Mohamed Al Marzooqi Advocates & Consultancy provides comprehensive legal services in Abu Dhabi, including but not limited to general representation, counseling, and litigation before all the courts of law governed by the UAE judicial system. law firms in dubai, lawyers in dubai, dubai lawyers, dubai law firms, law firms dubai, lawyer dubai, international law firms in dubai, law firm in abu dhabi, lawyers in abu dhabi, abu dhabi lawyers, divorce lawyers in dubai, best lawyer in dubai, legal consultants in dubai, divorce lawyer dubai, lawyer in abu dhabi, top law firms in dubai, legal consultant dubai, advocates in dubai, law firm in uae, dubai companies, business consultants in dubai, business in uae, consultant companies in uae, legal advice dubai, list of law firms in dubai, dubai law firms jobs, law firm salaries dubai, international law firms in dubai, law firms in dubai internships, Law Firm In Abu Dhabi, UAE Lawyer, Advocate In UAE, Legal Advisor In Dubai, Law Firm In UAE, Legal Advocates In Dubai, Law Firms In Dubai , Legal Consultant Dubai, Consultancy Firms In Dubai, List of Law Firms In Dubai, Best Lawyer In Dubai, International Law Firms In Dubai vehicle accident lawyer, auto accident attorney, car accident attorney, accident claim lawyer, auto injury attorney, auto injury lawyer, car accident injury lawyer, car crash attorney, car wreck attorney, car wreck lawyer, medical malpractice case, medical malpractice attorney, divorce lawyer, family lawyer in Dubai, divorce attorney, criminal lawyer Vacations Sick Leave UAE Labor Law
The Sick Leave in UAE Labor Law
The sick leave is known as the leave granted to the worker due to illness, and allows him to leave his work according to the provisions approved by law. This disease shall not be caused by work injuries. Where the work injuries have its special provisions prescribed in this law. The sick leave is considered a fixed right for each worker for each year independently, where the sick leaves cannot be transferred to the following year such as the annual leave, also it cannot be predetermined as it is related to the worker’s actual illness, providing that the worker shall report his illness and prove his illness through the medical examination. As states at Article No. 82 of the law Federal Law No. 8 of 1980 ” If the worker suffers from a disease that is not caused by a work injury, he must report his illness within two days at the latest and the employer must take the necessary measures to sign the medical examination immediately to verify his illness”
After the worker proves his illness by the medical examination, Article No. 83 of the Federal Law No. 12 of 1986 has determined the duration of the sick leave for the worker and the remuneration payable to the working during the sick leave as follows; ” 1- the worker shall not be entitled to have any paid sick leave during his training period. 2- If the worker spent more than three months after the end of the training period in the continuous service of the employer and had illness, he will be entitled to a sick leave does not exceed ninety days consecutive or intermittent for each year of service and calculated as follows: a – the first fifteen days with the full remuneration. B- The next 30 days with half remuneration. C- The periods thereafter without remuneration.”
According to the first paragraph of the aforementioned Article, the worker is not entitled to have a paid sick leave if he is still in the probation period, or exceeded the probation period but did not complete the three months in his actual service for the employer. In this case the worker shall obtain unpaid sick leave. In light of the second paragraph of the aforementioned Article, if the worker exceeded more than three months after the completion of the probation period, he shall be entitled to a sick leave not exceeding 90 days for each year of his service. The sick leave shall be divided into three sections, the first fifteen days with full remuneration, it means the full remuneration which was paid to the worker before the sick leave with all his compensations and allowances, as the worker during his illness will needs a lot of expenses for treatment.
In case of the lapse of the first fifteen days of the sick leave and the worker is not recovered, his sick leave shall be for the next thirty days with half remuneration. Thus, the duration of the sick leave paid for the whole or half shall be forty five days, thus following forty five days shall be unpaid. Accordingly the worker shall continue his sick leave prescribed by the law which is ninety days.
One of the points that should be noted is that the worker is entitled to his remunera-tion specified in the law during his sick leave, even if the illness is caused by his mistake for example; a result of a traffic accident, however the law does not protect him if the disease is directly arising from his wrongdoing such as drug use. In this case, Article No. 84 of Federal Law No. 8 of 1980 states that:” During the sick leave, the remuneration is not payable if the illness was caused directly by the employee’s misconduct, such as the use of alcohol or drugs”.
It is clear from the above that the moral view has characterized the law, as it stands with the worker, his rights and his safety, but does not stand with the worker misbehavior.
It is worth noting that the purpose of the sick leave is the worker’s rest and restoration of his health until his condition stabilizes and returns to his work. The law prohibits the worker to join the service for another employer during his sick leave. The worker shall has no justification for doing so. Where the law allowed the employer to get his remuneration paid during the first forty five days of his illness, as stated in Article No. 88 of the Federal Law No. 12 of 1986:” The worker shall not be join the service for another employer during the annual or sick leave stipulated in this chapter,. If the employer proves that he has the right to terminate the employee’s services without warning and depriving him of the remuneration for the period of leave.”
The law granted the employer the right to terminate the worker without a warning notice if the worker joined the service for another employer during his sick leave and depriving him of his remuneration for the period of the leave.
If the worker submitted his resignation during his sick leave and before he obtains the salary for the first forty five days, and his resignation was accepted, the employer shall pay to the resigned worker the remuneration for the remainder days of his sick leave. If the worker resigns from his work during the period of the second fifty four period he will not be entitled to a remuneration. As states by Article No. 86 of the Federal Law No. 8 of 1980:”If the worker resigned for illness before the end of the first forty-five days of his sick leave and the government doctor or the doctor appointed by the employer agreed on the reason for the resignation, the employer shall pay the resigned worker the remuneration, which may be due to him for the remainder period of the first forty-five days Referred to”.
The sick worker must return to work immediately upon completion of his sick leave, i.e., the completion of the 90 days stipulated in the law. Otherwise, otherwise the employer shall deduct the amount of the remuneration which commensurate with the absence days by the worker, in accordance with Article No. 89 of the Federal Law No. 8 of 1980
Subject to the provisions of this Law, each worker who does not return to work immediately after the completion of his sick leave shall be deprived of his remunera-tion of his absence period starting from the day following the completion of the leave.
The employer shall also have the right to terminate the worker after the completion of his sick leave. The employer shall receive his bonus in accordance with the provisions of the law. Article No. 85 of the Federal Law No. 8 of 1980 states that; “The employer may terminate the worker after the completion of his sick leave period stipulated in Articles No. (82), (83) and (84) of this law if the worker is unable to return to his work. In this case, the worker shall receive his bonus in accordance with the provisions of this law.”
What mentioned in Articles 85 and 89 are the rights of the employer to the worker. The employer who has committed to grant the worker a sick leave in accordance with law has the right to request the worker return to his work after fulfilling all his obligations towards the worker. Where the law prohibited the employer to terminate or notify the worker with the termination while enjoying his leave, according to Article No. 90 of Federal Law No. 8 of 1980 which states that; “Without prejudice to the cases in which the employer has the right to dismiss the worker without warning or the bonus stipulated in this law, the employer shall not terminate the worker or warn him of dismissal while enjoying his leave provided in this chapter. (Vacation chapter)”
in light of the aforementioned and the texts of the law, we note the rationality and wisdom characterized by the law concerning the sick leaves in the Labor Law, which granted the worker the right to have a sick leave in case of illness, even if the disease is not caused by a work injury, granting the worker his remuneration for the first half of his sick leave, and in the end the worker is requested to return to his work.