UAE Law: Can I take sick leave during the notice period? – information

Question: I quit my current job on October 10. I need to deliver the notice to November 10. However, I need to accept emergency procedures, which means I need to take a week of leave. During the notice period, is sick leave acceptable, or should I work a full 30 days?

Reply: According to your inquiry, we assume that you are employed by a mainland company in the UAE. Therefore, the provisions of the 1980 Federal Law No. 8 “Regulation of Employment Relations in the UAE” (“Employment Law”) apply.

It should be noted that in the UAE, employees who intend to resign need to serve a notice period in accordance with the provisions of the employment contract. During the notice period, he or she shall work on all working days and shall not use any other holidays.

If an employee takes leave during the notice period, he or she may need to pay the employer monetary compensation. Article 119 of the “Labor Law” stipulates: “If the employer or the employee fails to serve the other party a notice of termination of the contract or shorten the notice period, the party has the obligation to serve the notice. The payment to the other party is called “on behalf of the employer”. “Notice payment”, the compensation incurred by the other party for failing to give notice or shortening the above-mentioned period, the amount of compensation shall be equal to the full amount of the employee’s salary notice period or calculated in proportion to the reduced portion. For monthly, weekly, daily or every For employees with hourly wages, the notification allowance shall be calculated based on the last wage they earned. For piece-rate wages, it shall be calculated in accordance with the average daily wage as stipulated in Article 57 of these Measures.”

Therefore, in accordance with the above-mentioned legal provisions, it is recommended that you work during all working days during the notice period. However, if you need urgent medical care, you can ask your employer to give you sick leave during the notice period. Depending on your request, your employer may agree with you to make November 10, 2021 your last working day, or after you have undergone medical procedures and resume work, you will be allowed to take sick leave and be notified on the remaining The remaining notice period of the work service during the period.

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.