The UAE has a strong legal framework to protect employees’ rights, including provisions for sick leave. Knowing your sick leave entitlements is crucial for protecting your health, ensuring financial security, and staying informed about your rights. This guide explains everything you need to know about sick leave in the UAE, including eligibility, types of leave, and practical tips.
What Is Sick Leave?
Sick leave allows employees to take time off work when they are unwell or injured without losing their income. This benefit ensures that workers can recover without fear of financial instability.
Who Is Eligible for Sick Leave in the UAE?
- Employees Who Have Completed Probation
- Sick leave is generally available after an employee completes their probation period, which typically lasts three months.
- Employees During Probation
- Sick leave during probation is not guaranteed and depends on the employer’s discretion. A valid medical certificate is required for approval.
Types of Sick Leave
Employees in the UAE are entitled to different types of sick leave depending on the duration of their absence:
- Paid Sick Leave
- Workers are entitled to fully paid sick leave for the first 15 days of their illness.
- Half-Paid Sick Leave
- After the initial 15 days, employees can receive half-pay for the next 30 days of their absence.
- Unpaid Sick Leave
- If an employee’s illness extends beyond 45 days, any additional leave becomes unpaid.
Common Reasons for Taking Sick Leave
Employees in the UAE may take sick leave for various reasons, including:
- Physical Illness
- Both contagious and non-contagious illnesses qualify.
- Injury
- Whether work-related or not, injuries are covered.
- Medical Appointments
- Doctor visits, surgeries, and other medical procedures can be considered valid reasons.
- Mental Health Issues
- Mental health challenges are treated equally as physical illnesses under sick leave policies.
- Maternity Leave
- Pregnant women are entitled to separate paid maternity leave under UAE law.
- Paternity Leave
- Although not mandatory, some companies offer paternity leave to new fathers.
UAE Labor Law on Sick Leave: Article 31
Article 31 of the UAE Labor Law provides clear guidelines regarding employee rights during sickness or injury. Key points include:
- Paid Leave: Employees are entitled to paid sick leave for a specified period.
- Medical Certificates: A valid certificate from a government-approved healthcare provider is mandatory to claim sick leave.
- Company Policies: Individual companies may have specific rules about the number of days allowed and how to request leave.
Responsibilities of Employees
To ensure smooth approval for sick leave, employees should:
- Notify the Employer Promptly
- Inform your employer within the timeframe specified in company policy, typically within three days of falling sick.
- Provide a Medical Certificate
- Submit a valid certificate to justify your absence.
- Avoid Misuse of Sick Leave
- Misusing sick leave can lead to disciplinary action, including termination.
Misuse of Sick Leave: What You Need to Know
Taking advantage of sick leave benefits can have serious consequences. For example:
- Working for Another Employer: It’s illegal to work elsewhere while on sick leave. Violating this rule can lead to dismissal or legal action.
- Falsifying Medical Certificates: Submitting fake documents can result in immediate termination.
Frequently Asked Questions (FAQs)
1. Who qualifies for sick leave in the UAE?
Employees who have completed their probation period are eligible. Sick leave during probation may be granted at the employer’s discretion.
2. How many sick leave days am I entitled to?
You are entitled to:
- 15 days of fully paid leave.
- 30 days of half-paid leave.
- Additional unpaid leave if required.
3. Can I take sick leave during probation?
Yes, but approval depends on the employer. Sick leave during probation is typically unpaid and requires a valid medical certificate.
4. Is sick leave allowed for mental health issues?
Yes, mental health challenges are considered valid reasons for sick leave, provided you have a supporting medical certificate.
5. What if my employer denies my sick leave?
You can file a complaint with the Ministry of Human Resources and Emiratisation (MoHRE). Be sure to provide all necessary documents, including your medical certificate and employment contract.
6. Can I be terminated for taking too much sick leave?
If your leave exceeds the allowable period, your employer may have grounds to terminate your contract. However, this must comply with UAE labor laws.
7. Does sick leave apply to work-related injuries?
Yes, injuries sustained on the job are covered. You may also be entitled to additional compensation under work injury laws.
Important Considerations
- Stay Informed
- Familiarize yourself with your company’s specific sick leave policies in addition to UAE labor laws.
- Seek Professional Help
- Consult a healthcare professional for prolonged or severe health issues.
- Protect Your Rights
- If you face challenges in claiming sick leave, reach out to MoHRE or consult a legal professional.
Conclusion
Understanding your sick leave entitlements in the UAE is essential for protecting your health and financial stability. By knowing your rights, following the procedures, and staying informed, you can ensure that your well-being is prioritized during times of illness. Whether it’s a minor sickness or a prolonged health challenge, the UAE’s labor laws provide a robust framework to support employees in their time of need.
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