The labour law of UAE states certain rules that specify Articles within the labour law that points out the things required as a proof to avail sick leave pay. It is as follows.
If an employee is unwell,injured or unable to attend work,he/she must report it to whosoever concerned within two days of occurrence.
If an employee is undergoing training then he/she is not entitled to receive a paid sick leave. After completion of the probation period the employee is allowed to apply for leave not more than 90 days continuous or intermittent per year of service. One will receive full pay for the first 15 days and half pay for next 30 days. If further extension is taken then payment is not forwarded.
Most importantly a valid proof or an official medical certificate should be presented to the respective person in charge.
This article clearly states that if the employee’s ailment is due to his/her misconduct such as consumption of alcohol or drugs then wages during the leave is not permitted.
If a situation arises where the employee fails to commence his duties at the end of such determined in Article 82,83,84 then the employee is entitled to his gratuity in accordance with the provision of UAE labour law.
Before the completion of 45 days as specified by the law the employee may resign from employment if and only if he/she has a valid reason for resignation which is approved by a doctor or a government medical officer. In such a scenario the employer has to pay the employee all the wages.
A duration of 30 days leave is entitled for pilgrimage once in his/hers entire period of service which shall not be counted as part of the other additional leave one is entitled to.
During the period of annual or sick leave an employee is not allowed to work under another employer. If this comes to the attention of the employer then the employee can be immediately terminated without further notice and he/she will not be entitled to receive the leave pay due to him.
If the employee fails to report on duty even after the expiry of his leave term then he shall not be allowed to receive his pay for the period of absence commencing from the day following to the date on which the leave expires.
The employer has the right to dismiss the employee without notice or gratuity as prescribed herein,the employer may not dismiss an employee or serve him with a notice of dismissal during his leave.
The employer may not dismiss an employee from service during his sick leave. During this period any notice for termination will be considered null and void.
The employer is also free to terminate the contract with the employee if one uses up his full sick leave and is deemed unfit to work again. In such cases the employee will be allowed to full gratuity and end of service entitlement as stated with the law.
Also to be noted is that the employee will not be permitted to receive wages for the days he does not report to work after the end of leave. This will not influence the rights of the employer to terminate the employee’s contract if the employee fails to return back to work within 7 consecutive days from the date he was due back.
In case severe medical conditions an employee can request for an extended short leave upto six months which will be granted id authorised by Civil Service Medical Committee after a detailed evaluation is conducted by the committee itself. If readily granted,the six month leave can be exted to a further six months. Civil servants are entitled to full pay while on sick leave.
According to new DHA rule, employees working in Dubai should pay 60 Dhs to get a sick leave certificate so as not to misuse leave facilities which is in fact.