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question: I have just been diagnosed with a serious illness and need months of treatment. I am employed by a company headquartered in Dubai. Can you tell me about sick leave? How much leave can I take at most? Can I use them in combination with Nian Ye? During my six years of service, I must have taken two to three sick leave. Will unused sick leave accumulate? If I take a long vacation (paid + unpaid), can the company fire me?
Reply: Based on your inquiry, we assume that you are employed by a mainland company in the Emirate of Dubai. Therefore, it is applicable to the provisions of Federal Law No. 8 of 1980 regulating employment relations in the UAE (Employment Law).
It should be noted that in the UAE, employees who have worked for three months after the end of the probation period are entitled to 15 days of full-pay sick leave; wages will be halved for the next 30 years; and there will be no remuneration in the subsequent period. This is in accordance with Article 83 of the Employment Law: “1. During the probation period, employees are not entitled to paid sick leave.
2. After the expiration of the probation period, continue to serve the employer for more than three months. If you become ill during the period, you can enjoy sick leave or service of no more than 90 consecutive or intermittent days per year. The calculation is as follows:-
A. Full pay for the first fifteen days.
B. In the next 30 days, wages will be halved.
C. For a period of time afterwards, there was no payment. “
According to the above-mentioned laws and regulations, you can apply to your employer for long-term sick leave in writing.
In addition, the Employment Law does not provide for combined sick leave and annual leave. However, you and your employer can mutually agree to do this. This is in accordance with Article 77 of the “Labor Law”: “The annual vacation period, including the legally prescribed or agreed vacation, and other sick leave during the vacation, shall be regarded as part of it.”
Except for the above circumstances, unused sick leave shall not be accumulated. However, your employer may provide for extension of sick leave in its internal human resources policy.
Please also read:
>> UAE Coronavirus: Can I be forced to work from home after I recover?
>> UAE Labor Law: Can I redeem unused annual leave?
If you take long-term sick leave, your employer may not be able to terminate your employment relationship. In addition, employees cannot be dismissed during vacation. Article 90 of the “Labor Law” stipulates: “The employer has the right to dismiss a worker without notice or payment of remuneration, and shall not dismiss the worker or provide him with remuneration. The notice of dismissal during his vacation as stipulated in this section.”
Ashish Mehta is the founder and managing partner of Ashish Mehta & Associates. He is qualified to practice in Dubai, the UK and India. For complete details of his company, please visit: www.amalawyers.com. Readers can email their questions to: news@khaleejtimes.com or to Legal View, Khaleej Times, PO Box 11243, Dubai.
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